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Lawfulness of Interrogation Techniques under the Geneva Conventions

Description: This report outlines the provisions of the Conventions as they apply to prisoners of war and to civilians, and the minimum level of protection offered by Common Article 3 of the Geneva Conventions. There follows an analysis of key terms that set the standards for the treatment of prisoners that are especially relevant to interrogation, including torture, coercion, and cruel, inhuman and degrading treatment, with reference to some historical war crimes cases and cases involving the treatment of … more
Date: September 8, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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Administrative Separations for Misconduct: An Alternative or Companion to Military Courts-Martial

Description: The recent reports of abuse of prisoners held by U.S. military personnel have raised questions about how the armed forces control servicemembers. Congress, under the authorities vested in it by the U.S. Constitution, has enacted procedures for addressing misconduct by servicemembers. One such procedure is an administrative separation under which a member’s continued suitability for service is determined. Administrative separations are non-punitive and can be initiated for a number of reasons, i… more
Date: May 26, 2004
Creator: Velez Pollack, Estela I.
Partner: UNT Libraries Government Documents Department
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Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113

Description: This report discusses S. 113, a bill to extend the coverage of the Foreign Intelligence Surveillance Act ("FISA") to non-U.S. persons who engage in international terrorism or activities in preparation for terrorist acts, without a showing of membership in or affiliation with an international terrorist group.
Date: August 9, 2004
Creator: Elsea, Jennifer
Partner: UNT Libraries Government Documents Department
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The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Description: This report provides a background and analysis comparing military commissions as envisioned under Military Commission Order (M.C.O.) No. 1 and general military courts-martial conducted under the Uniform Code of Military Justice (UCMJ). The report notes some of the criticism directed at the President's Military Order (M.O.), and explains how those concerns are addressed by the military commission orders and instructions. The report concludes by summarizing legislation introduced to authorize and… more
Date: March 10, 2004
Creator: Elsea, Jennifer
Partner: UNT Libraries Government Documents Department
open access

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the M… more
Date: March 10, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Military Tribunals: Historical Patterns and Lessons

Description: This report summarizes the types of military tribunals that have functioned from the Revolutionary War to the present time, explaining the legislative enactments that have guided these tribunals and the judicial decisions that have reviewed their constitutionality.
Date: July 9, 2004
Creator: Fisher, Louis
Partner: UNT Libraries Government Documents Department
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