U.S. Detainees and Enemy Belligerents: Legal Cases, Considerations and Provisions


Gale A. Lewis (Editor)
Norah M. Scott (Editor)

Series: Defense, Security and Strategies
BISAC: POL037000

As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation. This book analyzes the existing law and authority to detain U.S. persons, who are suspected of being members, agents or associated of Al Qaeda or possibly other terrorist organizations as “enemy combatants.” This book also offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA and provides a section-by-section analysis; and discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. (Imprint: Nova)

Table of Contents

Table of Contents


Detention of U.S. Persons as Enemy Belligerents
(Jennifer K. Elsea, CRS)

The National Defense Authorization Act for FY2012: Detainee Matters
(Jennifer K. Elsea, Michael John Garcia, CRS)

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings
(Jennifer K. Elsea, Michael John Garcia, CRS)


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