The Enemy Combatant Papers: American Justice, the Courts, and the War on Terror

by Edited by Karen J. Greenberg , Joshua L. Dratel

• ISBN13: 9780521886475
• ISBN10: 0521886473
• Format: Hardcover
• Copyright: 2008-08-11
• Publisher: Cambridge University Press

Summary

The Enemy Combatant Papers presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the U.S. Constitution guarantees and to whom. In these documents, the reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. Complemented with a comprehensive timeline and appendices that include the relevant cases from the Civil War, World War II, and the Korean War and the premises for setting up military commissions and Combatant Status Review Tribunals, this book is meant for those who seek to understand the issues - legal, political, and military - that have dominated the search for balance between justice and security in the war on terror.

Table of Contents

'Battlefield' Captures

Rasul v. Bush

Hamdi v. Rumsfeld

Military Commissions

Hamdan v. Rumsfeld

U.S. Captures

Padilla v. Bush

Al-Marri v. Hanft

Afterword: Boumediene v. Bush

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