Treatment of 'Battlefield Detainees' in the War on Terrorism
Abstract
In June 2004, the U.S. Supreme Court ruled in Rasul v. Bush that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad, but left questions involving prisoners rights and status unanswered. The 9/11 Commission recommended a common coalition approach to such detention. Congress enacted the Detainee Treatment Act of 2005 (DTA), P.L. 109-148, to establish standards for interrogation and to deny detainees access to federal courts to file habeas petitions but allow limited appeals of status determinations and final decisions of military commissions. Congress approved the Military Commissions Act of 2006 (MCA), P.L. 109-366, to authorize military commissions for the prosecution of detainees for war crimes. The Bush Administration earlier deemed all of the detainees to be 'unlawful combatants,' who may, according to Administration officials, be held indefinitely without trial or even if they are acquitted by a military tribunal. The President's decision to deny the detainees prisoner-of-war (POW) status remains a point of contention, in particular with respect to members of the Taliban, with some arguing that it is based on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War (GPW). This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees' status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection with the war against terrorism. The report also summarizes legislative proposals in the 110th Congress, including H.R. 1 and H.R. 267.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 23, 2007
- Accession Number
- ADA477766
Entities
People
- Jennifer K. Elsea
Organizations
- Library of Congress