Enemy Combatants: National Security vs. Due Process

Abstract

During the course of the Global War on Terrorism (GWOT), several hundred foreign nationals suspected of terrorism or supporting terrorism have been captured by United States (U.S) forces and their allies. Many of them are being held at the U.S. Naval Base in Guantanamo Bay, Cuba. U.S. Government officials designated these individuals as "enemy combatants" or "unlawful combatants," who are not entitled to the same protections as a prisoner of war under the 1949 Geneva Conventions. The procedures used to determine that these individuals were enemy combatants were subject to numerous legal challenges and subsequently modified by the Bush Administration. However, questions remain as to its constitutionality. Nevertheless, the current modified process already preserves the balance between due process rights and national security interests, and must be protected against future challenges.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
Feb 01, 2005
Accession Number
ADA509370

Entities

People

  • W. A. Santmyer

Organizations

  • Marine Corps University

Tags

Communities of Interest

  • Human Systems

DTIC Thesaurus Topics

  • Congress
  • Department Of Defense
  • Governments
  • Judiciary
  • Law
  • Marine Corps
  • Military Personnel
  • Military Tribunals
  • National Security
  • Prisoners
  • Prisoners Of War
  • Regulations
  • Security
  • Supreme Court
  • Terrorism
  • Terrorists
  • United States

Readers

  • Criminal Law
  • Strategic Security Studies