Detention of American Citizens as Enemy Combatants Metadata

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Title

  • Main Title Detention of American Citizens as Enemy Combatants

Creator

  • Author: Elsea, Jennifer K.
    Creator Type: Personal
    Creator Info: American Law Division

Publisher

  • Name: Library of Congress. Congressional Research Service.
    Place of Publication: Washington D.C.

Date

  • Creation: 2005-03-31

Language

  • English

Description

  • Content Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
  • Physical Description: 61 pages.

Subject

  • Legislative Indexing Vocabulary: Civil liberties
  • Legislative Indexing Vocabulary: Counterterrorism - National policy - U.S.
  • Legislative Indexing Vocabulary: Detention of persons
  • Legislative Indexing Vocabulary: Defense policy
  • Legislative Indexing Vocabulary: Criminal justice

Collection

  • Name: Congressional Research Service Reports
    Code: CRSR

Institution

  • Name: UNT Libraries Government Documents Department
    Code: UNTGD

Resource Type

  • Report

Format

  • Text

Identifier

  • CRS Report Number: RL31724
  • Accession or Local Control No: RL31724 2005-03-31
  • Archival Resource Key: ark:/67531/metacrs6143
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