Crisis in the Courtroom: Detention of Enemy Combatants
Abstract
The detention of unlawful enemy combatants at Guantanamo Bay is the subject of debate both in the United States and the international community. The detention facility is criticized by those who claim the United States has undermined the rule of law by indefinitely detaining individuals without meaningful due process. Against this criticism stand those who believe the detention of terrorists found to be enemy combatants is lawful and necessary to maintain the nation's security during the war on terrorism. This civilian research paper analyzes the international and U.S. laws applicable to the detention of individuals during military operations overseas, including international treaties and U.S. federal statutes, Department of Defense rules, and U.S. federal court decisions. The paper also describes the current military commissions empowered to try detainees for war crimes. The paper concludes with several recommendations to amend the rules both for determining enemy combatant status and for trying detainees for war crimes to provide additional transparencies and protections for individual detainees. This paper does not address alleged human rights abuses at Guantanamo Bay, but only the legal and policy issues surrounding the detention and trials of individuals who are held at the detention facility.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 21, 2008
- Accession Number
- ADA493804
Entities
People
- Pamela M. Stahl
Organizations
- United States Army War College