Search Results

Guantanamo Detention Center: Legislative Activity in the 111th Congress

Description: This report analyzes relevant provisions in enacted legislation and selected pending bills relating to the U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy belligerents are detained.
Date: November 6, 2009
Creator: Henning, Anna C.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Closing the Guantanamo Detention Center: Legal Issues

Description: This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
Date: March 28, 2011
Creator: Garcia, Michael John; Elsea, Jennifer K.; Mason, Chuck R. & Liu, Edward, C.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Interrogation of Detainees: Overview of the McCain Amendment

Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Date: September 25, 2006
Creator: Garcia, Michael John
Item Type: Report
Partner: UNT Libraries Government Documents Department

Interrogation of Detainees: Overview of the McCain Amendment

Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law.
Date: September 20, 2006
Creator: Garcia, Michael J.
Item Type: Report
Partner: UNT Libraries Government Documents Department

U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques

Description: This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture.
Date: January 26, 2009
Creator: Garcia, Michael J.
Item Type: Report
Partner: UNT Libraries Government Documents Department

The War Crimes Act: Current Issues

Description: This report discusses current issues related to the War Crimes Act of 1996 and Common Article 3 of the 1949 Geneva Conventions, which sets out minimum standards for the treatment of detainees in armed conflicts "not of an international character (e.g., civil wars, rebellions, and other conflicts between State and non-State actors).
Date: January 22, 2009
Creator: Garcia, Michael J.
Item Type: Report
Partner: UNT Libraries Government Documents Department