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23 Jan 2012, 9:11 pm
Federal laws seeking to protect such religious rights, it concluded, probably do not apply to “enemy combatants detained by the military” but, even if they do, the officials sued by Padilla have a right to qualified legal immunity to such claims because it was not clear during his military detention that officials had to defend themselves against such claims. [read post]
23 Jan 2012, 10:14 am
As the OLC opinion (and I, and many others) have concluded, a U.S. citizen who has joined an enemy armed force in armed conflict with the U.S. may be captured and indefinitely detained or killed, so long as the capture, detention or lethal targeting complies with the laws of war. [read post]
23 Jan 2012, 5:19 am
At p. 21:International human rights law is not application to the conduct of hostilities or the capture and detention of enemy combatants, which are governed by the more specific laws of armed conflict.In that case, the Inter-American Commission ultimately issued precautionary measures on behalf of all individuals then detained on Guantánamo. [read post]
20 Jan 2012, 4:00 am
International human rights law forbids arbitrary detention; thus, the legality of the Guantánamo Bay detention program depends on whether such detention is “arbitrary. [read post]
18 Jan 2012, 4:49 pm
However, the need to attempt capture (if feasible) of an individual engaged in combatancy is not a core IHL concept. [read post]
17 Jan 2012, 7:49 am
“We do target the individuals who are smuggling those individuals. [read post]
17 Jan 2012, 7:10 am
These have included: - conviction in absentia with no possibility subsequently to obtain a fresh determination of the merits of the charge (Einhorn, cited above, § 33; Sejdovic, cited above, § 84; Stoichkov, cited above, § 56); - a trial which is summary in nature and conducted with a total disregard for the rights of the defence (Bader and Kanbor, cited above, § 47); - detention without any access to an independent and impartial tribunal to have the legality the… [read post]
13 Jan 2012, 10:00 pm
Executive Order 13567, issued in March 2011, is titled “Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force. [read post]
13 Jan 2012, 8:19 am
Second, under the 4th Amendment of the United States Constitution, law enforcement officers are limited in their ability to detain individuals, even for a brief matter of time. [read post]
12 Jan 2012, 6:30 am
All individual hearings scheduled within the next six months are being reviewed. [read post]
11 Jan 2012, 6:05 am
On December 31, 2011 – the eve of the new year – President Barack Obama signed into law the National Defense Authorization Act for 2012, which:allows the executive to militarily detain certain individuals, without specific exception for American citizens and legal residents, "under the law of war without trial until the end of hostilities";requires mandatory military detention of certain individuals, though permitting waiver by the executive… [read post]
10 Jan 2012, 9:41 pm
Sections 1031 and 1032 of the Act deal with indefinite detention of suspected terrorists and appear to expand the pre-existing understanding of when suspected terrorists can be indefinitely detained without trial. [read post]
9 Jan 2012, 2:10 pm
People have spent days or longer in detention until a mistake is spotted, and they have little recourse after release. [read post]
6 Jan 2012, 9:31 am
Once an officer has pulled an individual over, the officer may ask the individual to step out of the vehicle. [read post]
6 Jan 2012, 9:31 am
Once an officer has pulled an individual over, the officer may ask the individual to step out of the vehicle. [read post]
6 Jan 2012, 7:52 am
For instance, during a one-year period that ICE claimed it detained 233,417 individuals it really only detained 6,778, according to agency’s own records. [read post]
6 Jan 2012, 7:27 am
Meanwhile, over in Syria, Avaaz, a human rights group, has found that over 37,000 individuals are being detained, while more than 600 individuals have been tortured and died since the beginning of the uprising. [read post]
4 Jan 2012, 5:00 am
He continued, "my Administration has developed an effective, sustainable framework for the detention, interrogation and trial of suspected terrorists that allows us to maximize both our ability to collect intelligence and to incapacitate dangerous individuals ... and the results we have achieved are undeniable. [read post]
3 Jan 2012, 6:49 am
Circuit has accepted that individuals who are "part of" al Qaeda, the Taliban, or associated forces are detainable under the AUMF. [read post]
31 Dec 2011, 5:29 pm
On the contrary, if courts are going to use GC IV to ground the detention of individuals who “substantially support” al-Qaeda, the individuals thereby detained must be given all of the rights to which civilians are entitled to under that Convention. [read post]
