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An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is, according to United States law, a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed to not be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements.
Rasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict".
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.
Hamdan v. Rumsfeld, 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949." Specifically, the ruling says that Common Article 3 of the Geneva Conventions was violated.
Salman Ebrahim Mohamed Ali Al Khalifa is a citizen of Bahrain who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. The Department of Defense reports that Al Khalifa was born on July 24, 1979, in Rifah, Bahrain. He is a member of the Al Khalifa royal family of Bahrain, related to the king of Bahrain.
Martin Mubanga is a joint citizen of both the United Kingdom and Zambia. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months.
Extrajudicial prisoners of the United States, in the context of the early twenty-first century War on Terrorism, refers to foreign nationals the United States detains outside of the legal process required within United States legal jurisdiction. In this context, the U.S. government is maintaining torture centers, called black sites, operated by both known and secret intelligence agencies. Such black sites were later confirmed by reports from journalists, investigations, and from men who had been imprisoned and tortured there, and later released after being tortured until the CIA was comfortable they had done nothing wrong, and had nothing to hide.
Command responsibility, also called superior responsibility, the Yamashitas standard, or the Medina standard, is the legal doctrine of hierarchical accountability for war crimes. The legal doctrine of Command Responsibility was codified in the Hague Conventions of 1899 and 1907, and is partly based upon the American Lieber Code, a war manual for the Union forces, authorized by US President Abraham Lincoln in 1863, two years into the course of the American Civil War. The legal doctrine of command responsibility was first applied by the German Supreme Court, in the Leipzig War Crimes Trials (1921), which included the trial of Imperial German Army officer Emil Müller for the war crimes that he committed during the First World War (1914–1918).
Mohammed Ali Abdullah Bwazir is a citizen of Yemen, once held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. Bwazir's Guantanamo Internment Serial Number was 440. American intelligence analysts estimate he was born in 1980, in Howra, Yemen.
Ali Ahmad Muhammad Al Rahizi is a citizen of Yemen who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number is 45. Joint Task Force Guantanamo counter-terrorism analysts reports he was born on October 13, 1979, in Ta'iz, Yemen.
On November 13, 2001 U.S. President George W. Bush issued a Military Order titled Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism.
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area, either for interrogation or as punishment for a crime.
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes".
No-Hearing Hearings (2006) is the title of a study published by Professor Mark P. Denbeaux of the Center for Policy and Research at Seton Hall University School of Law, his son Joshua Denbeaux, and prepared under his supervision by research fellows at the center. It was released on October 17, 2006. It is one of a series of studies on the Guantanamo Bay detention center, the detainees, and government operations that the Center for Policy and Research has prepared based on Department of Defense data.
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. Guantanamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.
The nature of international human rights law has been seemingly altered by Americans since the attacks on New York City and Washington, D.C. on September 11, 2001. The Guantanamo Bay detention camp is one example of recent developments that seem to disregard long standing human rights. The United States of America (USA) has pursued a 'seemingly deliberate strategy' to put suspected terrorists outside the reach of habeas corpus protections. Naval Station Guantanamo Bay serves as the location for a United States military prison in Cuba designed for the detention of non-citizens suspected of terrorist activity. At the time of its creation President Bush stated that its purpose was to respond to serious war crimes, primarily 'a new way to deal with terrorists'. The first camp was set up 3 months after the attacks on the twin towers and since then a human rights debate has begun over the legality of denying detainees the right to petition habeas corpus.
The penal system in China is mostly composed of an administrative detention system and a judicial incarceration system. As of 2020, it is estimated that 1.7 million people had been incarcerated in China, which is the second-highest prison population after the United States. The country's per-capita incarceration rate is 121 per 100,000 of the national population. China also retained the use of death penalty with the approval of the Supreme People's Court, and there is a system of death penalty with reprieve in which the sentence is suspended unless the convict commits another major crime within two years while he or she is detained. Discussions have been held in which some people have urged the government to increase its use of community correction, and they have also urged the Ministry of Justice to oversee administrative detainees as a way to prevent the police from acquiring too much power.
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone; moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventions concern only combatants in war; they do not address the use of weapons of war, which are instead addressed by the Hague Conventions of 1899 and 1907, which concern conventional weapons, and the Geneva Protocol, which concerns biological and chemical warfare.
References
- ↑ "Treaties, States parties, and Commentaries - Geneva Convention (III) on Prisoners of War, 1949". ihl-databases.icrc.org. Retrieved 2017-01-17.
- ↑ Haas, Michael (2009-01-01). George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes. ABC-CLIO. ISBN 9780313364990.
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