enemy combatant detention review act of 2008

• Boumediene v. Bush, 553 U.S. (2008)

..., the Defense Department established Combatant Status Review Tribunals (CSRTs) to determine wheth... Station at Guantanamo Bay, Cuba, were "enemy combatants." Petitioners are aliens detained at Gu.... . relating to any aspect of the detention, transfer, treatment, trial, or conditions of conf...

• U.S. Supreme Court

• America?s Longest Held Prisoner of War: Lessons Learned from the Capture, Prosecution, and Extradition of General Manuel Noriega

• Louisiana Law Review
• Nbr. 71-4, July 2011

• Al-Marri v. Pucciarelli, (4th Cir. 2008)

... habeas corpus challenging his military detention as an enemy combatant. After the district court de... to detain or the correct process for reviewing such detentions. Thus, while we do not doubt the d...

• Federal Circuits

• Hard Talk Forum: Should the U.S. Government Close the Guantanamo Bay Detention Facility?

Under recent Supreme Court decisions, and the Military Commissions Act passed by Congress in 2006, detainees have a right to judicial review both of their classification as enemy combatants and of any criminal sentence passed against them. [...] despite their illegitimate methods of warfare, the Guantanamo detainees have received more due process rights than even soldiers of sovereign states merit under the Geneva Conventions. The detainee can be held only if the board concludes that he is an enemy combatant by a preponderance of the evidence, and this decision is subject to review by the United States Court of Appeals for the District of Columbia Circuit and the United States Supreme Court.

• Americas Quarterly
• Vol. 2 Nbr. 1, January 2008

• The Constitution and the laws of war during the Civil War.

...Military Occupation of Enemy Territory H. Milligan in Context CONCLUSION INTROD...Lines between combatants and noncombatants were blurry in both conflicts, o... the constitutionality of their detention or trial by the U.S. military. (17) Today the clea.... (4) 553 U.S. 723 (2008) (holding that Congress's removal of jurisdiction ...

• Notre Dame Law Review
• Vol. 85 Nbr. 5, December 2010

• Broken Promises or Unrealistic Expectations?: Comparing the Bush and Obama Administrations on Counterterrorism

Introduction - II. The criminal prosecution-military force divide - III. Justifications and consequences of the military force paradigm - A. Indefinite Detention Absent Criminal Charges - 1. Detention in Traditional Armed Conflicts - 2. Detention After 9/11 - B. Military Prosecutions After 9/11 - 1. The Bush Administration‘s Military Commissions - 2. The Obama Administration‘s Military Commissions - C. Lethal Aerial Drone Strikes - IV. A normative analysis of the shift in counterterrorism strategy from Bush to Obama - A. "Military Force Is a Necessary (But Not Sufficient) Counterterrorism Tool." - 1. Problems With Acquiring Lawful Custody Over al Quaeda Fighters - 2. Problems With Identifying Crimes by All Hostile al Qaeda and Taliban Fighters - 3. Problems With Responding to the Att...

• Transnational Law & Contemporary Problems
• Nbr. 20-2, October 2011

• The Obama Administration and Obligations Under the Convention Against Torture

Introduction - II. Protection from torture as an absolute and non-derogable right - III. Shift under bush: "the war on terror" undermining the prohibition of torture - IV. The Obama administration and compliance with U.S. obligations under cat - A. The Obama Administration-A Paradigm Shift? - B. Dealing With the Past: Providing Justice For Torture Practices Under the Bush Administration - 1. Duty to Investigate - a) Investigation of the Department of Defense - b) Investigation of the Central Intelligence Agency - c) Investigation of the Department of Justice’s Office of Legal Counsel Lawyers - 2. Duty to Prosecute - a) Prosecution of the Department of Justice - b) Prosecution of the Central Intelligence Agency - c) Prosecution of the Department of Defense - C. Right to a Remedy and R...

• Transnational Law & Contemporary Problems
• Nbr. 20-1, May 2011

• Aclu Washington Legislative Office Director Caroline Fredrickson Holds a News Teleconference On the Aclu's Top Legislative Objectives

... to be reform of the interrogation and detention authorities of the government which includes repea... to do such things as define who is an enemy combatant and what constitutes a war crime. And t... The FISA Amendments Act of 2008 went way too far in undercutting appropriate judic... progress is a backward-looking and review aspect. So that is really what we're looking for....

• Political Transcript Wire
• September 02, 2009

• JOSE PADILLA V. JOHN YOO, (9th Cir. 2012)

...Judge Smith has read the. briefs, reviewed the record and listened to the tape of oral argume... Jose Padilla, an American citizen, as an enemy combatant. Padilla alleges that he was held incommmunicado in military detention, subjected to coercive interrogation techniques an..., in his individual capacity, on January 4, 2008, two years after Padilla's military detention ende...

• Federal Circuits

• Permissible self-defense targeting and the death of bin Laden.

... and capture of persons who are combatants; (2) civilians who are direct participants in host... as a feature of context during war when an enemy has breached the neutrality of a state (for exampl... recommended that the Obama Administration review its policy authorizing the killing of suspected te...RED CROSS 991, 1041-42 (2008) [hereinafter ICRC Guidance]. . (22.) Convention A... principle of the law of war that detention may last no longer than active hostilities.. (pris...

• Denver Journal of International Law and Policy
• Vol. 39 Nbr. 4, September 2011