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Selected Procedural Safeguards in Federal, Military, and International Courts

Description: This report compares selected procedural safeguards employed in criminal trials in federal criminal court with parallel protective measures in military general courts-martial, military commissions as authorized under the Military Order of November 13, and, as a possible benchmark of international standards, the Rome Statute of the International Criminal Court.
Date: January 30, 2002
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of American Citizens as Enemy Combatants

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. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. 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 is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Date: January 30, 2003
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Alien Tort Statute: Legislative History and Executive Branch Views

Description: The report provides a historical overview of court decisions interpreting the Alien Tort Statute (ATS), also known as the Alien Tort Claims Act (ACTA). The report then provides an overview of the positions taken by the U.S. government in published opinions of the Attorney General and in court briefs related to ATS claims.
Date: October 2, 2003
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

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 Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Date: March 10, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

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 Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Date: March 10, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of American Citizens as Enemy Combatants

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. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. 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 is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Date: March 15, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Cultural Property: International Conventions and United States Legislation

Description: This report describes relevant treaties, U.N. Security Council Resolution 1483, current U.S. law, and proposed legislation, including H.Con.Res. 113, the Iraq Cultural Protection Act (H.R. 2009 and H.R. 3497), and the Emergency Protection for Iraqi Cultural Antiquities Act of 2004 (S. 1291 and S. 671, the latter of which has passed the Senate as an engrossed amendment to H.R. 1047, the Miscellaneous Trade and Technical Corrections Act of 2004).
Date: April 8, 2004
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department