His designation as an
enemy combatant was dropped, and the government brought felony terrorism charges against him in federal criminal court.
Habeas corpus and "enemy combatants"
citizen confined in a Charleston, South Carolina, naval brig after being transferred from New York as an alleged
enemy combatant. The Supreme Court found that the only person who could be named as respondent in the habeas petition was the custodian of the Charleston brig, Commander Melanie Marr, as she was the only one of the named respondents who could produce the body.
Habeas corpus and the detention of enemy combatants in the war on terror
The court held that the MCA did not strip it of jurisdiction over al-Marri's habeas petition because there had not been a review of his status as an
enemy combatant after the President's initial decision to detain him.
Saying what the law should be: judicial usurpation in Al-Marri v. Wright
Rumsfeld, (18) the government responded that the CSRTs had fulfilled Article 5's requirements as a byproduct of adjudicating
enemy combatant status, and that detainees designated as
enemy combatants thereby lost their presumptive POW status.
Combatant status review tribunals: flawed answers to the wrong question
An "alien unlawful
enemy combatant," once convicted, can then be sent abroad to be held in a penal institution of any U.S.
The assault on democracy
The tribunal unanimously affirmed that Detainee 1094, Saifullah Paracha, a 57-year-old Pakistani businessman, was an
enemy combatant.
"Why am I in Cuba?"
Assuming that an individual
enemy combatant possesses a private cause of action to enforce the GCs, only the cessation of hostilities could provide a basis for a determination that detention was unlawful.
Wartime detention of enemy combatants: what if there were a war and no one could be detained without an attorney?
In the end, the
enemy combatant cases--at least so far--stand as a kind of case study of the consequence of abandoning to the adversarial litigation system a sensitive policy debate in which powerful and legitimate constitutional concerns animate both sides.
Checks, balances, and wartime detainees
The civilian population of the enemy was indistinguishable from his own, even to a trained
enemy combatant. Maybe we should question the historical circumstances that led to the creation of our enmity, and in doing so try to identify who is actually responsible for leaving us in this position.
Constructing the enemy
"If there was ever a candidate to be held as an
enemy combatant for intelligence gathering purposes, it is (www.ibtimes.com/who-sayfullo-saipov-nyc-west-side-highway-suspect-hospitalized-after-attack-2608714) Sayfullo Saipov - a self-declared 'Soldier of the Caliphate'."
Lindsey Graham Wants NYC Terror Suspect Labeled Enemy Combatant
The third segment serves to illustrate the role that the PAF is playing in support of the Pakistan Army's operations against enemy strongholds in the North West where the PAF has inflicted the lion's share of attrition against
enemy combatants and terrorists that have plagued our growth as a nation.
Song 'FIZAON KAY MOHAFIZ' released by PAF
HEhnert describes how the Bush administration carefully crafted the category of unlawful
enemy combatant in order to skirt international human rights law concerning the two recognized categories of combatant and civilian.
New Kind of War--New Kind of Detention?: How the Bush Administration Introduced the Unlawful Enemy Combatant
The manual reveals that the term "
enemy combatant" has been replaced by the designation "unprivileged belligerent," and that journalists labeled as such are legitimate targets.
DoD manual labels journalists possible targets
At this point in time, the Obama administration can, and will, order a drone strike against any American citizen abroad who is designated an
enemy combatant.
Drone strikes a blow to Constitution
Republican lawmakers have gone a step further, arguing that Tsarnaev, an ethnic Chechen who lived in the United States for a decade, should be declared an "
enemy combatant," the same legal status as detainees being held at the Guantanamo military prison.
Boston arrest sparks debate over reading of rights