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An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to 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. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
Military tribunals in the United States are military courts designed to judicially try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors. Military tribunals are distinct from courts-martial.
Mohammed Mani Ahmad al-Qahtani is a Saudi citizen who was detained as an al-Qaeda operative for 20 years in the United States's Guantanamo Bay detention camps in Cuba. Qahtani allegedly tried to enter the United States to take part in the September 11 attacks as the 20th hijacker and was due to be onboard United Airlines Flight 93 along with the four other hijackers. He was refused entry due to suspicions that he was trying to illegally immigrate. He was later captured in Afghanistan in the Battle of Tora Bora in December 2001.
David Matthew Hicks is an Australian who attended al-Qaeda's Al Farouq training camp in Afghanistan. Hicks traveled to Pakistan after converting to Islam to learn more about the faith, eventually leading to his time in the training camp. He alleges that he was unfamiliar with al-Qaeda and had no idea that they targeted civilians. Hicks met with Osama bin Laden in 2001.
Yaser Esam Hamdi is a former American citizen who was captured in Afghanistan in 2001. The United States government claims that he was fighting with the Taliban against U.S. and Afghan Northern Alliance forces. He was declared an "illegal enemy combatant" by the Bush administration and detained for almost three years without charge. On October 9, 2004, on the condition that he renounce his U.S. citizenship and commit to travel prohibitions and other conditions, the government released him and deported him to Saudi Arabia, where he had been raised.
Moazzam Begg is a British Pakistani who was held in extrajudicial detention by the US government in the Bagram Theater Internment Facility and the Guantanamo Bay detainment camp, in Cuba, for nearly three years. Seized by Pakistani intelligence at his home in Pakistan in February 2002, he was transferred to the custody of US Army officers, who held him in the detention centre at Bagram, Afghanistan, before transferring him to Guantanamo Bay, where he was held until January 2005.
Michael Ratner was an American attorney. For much of his career, he was president of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City, and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin.
Binyam Ahmed Mohamed, also referred to as Benjamin Mohammed, Benyam Mohammed or Benyam Mohammed al-Habashi, is an Ethiopian national and United Kingdom resident, who was detained as a suspected enemy combatant by the US Government in Guantanamo Bay prison between 2004 and 2009 without charges. He was arrested in Pakistan and transported first to Morocco under the US's extraordinary rendition program, where he claimed to have been interrogated under torture.
Clive Adrian Stafford Smith is a British attorney who specialises in the areas of civil rights and working against the death penalty in the United States of America. He worked to overturn death sentences for convicts, and helped found the not-for-profit Louisiana Capital Assistance Center in New Orleans. By 2002 this was the "largest capital defence organisation in the South." He was a founding board member of the Gulf Region Advocacy Center, based in Houston, Texas.
The following are controversial invocations of the USA PATRIOT Act. The stated purpose of the Act is to "deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes." One criticism of the Act is that "other purposes" often includes the detection and prosecution of non-terrorist alleged future crimes.
The Center for Constitutional Rights is a progressive non-profit legal advocacy organization based in New York City, New York, in the United States. It was founded in 1966 by lawyers William Kunstler, Arthur Kinoy, Morty Stavis and Ben Smith, particularly to support activists in the implementation of civil rights legislation and to achieve social justice.
The Guantanamo Bay detention camp, also known as GTMO or GITMO, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in January 2002 by U.S. President George W. Bush to hold terrorism suspects and "illegal enemy combatants" during the Global War on Terrorism following the attacks of September 11, 2001. As of August 2024, at least 780 persons from 48 countries have been detained at the camp since its creation, of whom 740 had been transferred elsewhere, 9 died in custody, and 30 remain; only 16 detainees have ever been charged by the U.S. with criminal offenses.
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".
The Constitution Project is a non-profit think tank in the United States whose goal is to build bipartisan consensus on significant constitutional and legal questions. Its founder and president is Virginia Sloan. The Constitution Project’s work is divided between two programs: the Rule of Law Program and the Criminal Justice Program. Each program houses bipartisan committees focused on specific constitutional issues.
Taking Liberties is a British documentary film about the erosion of civil liberties in the United Kingdom and increase of surveillance under the government of Tony Blair. It was released in the UK on 8 June 2007.
The history of the USA PATRIOT Act involved many parties who opposed and supported the Patriot Act, which was proposed, enacted and signed into law 45 days after the September 11 terrorist attacks in 2001. The legislation, though approved by large majorities in the U.S. Senate and House of Representative, was controversial, and parts of the law were invalidated or modified by successful legal challenges over constitutional infringements to civil liberties. The Act had several sunset provisions, most reauthorized by the USA PATRIOT Improvement and Reauthorization Act of 2005 and the USA PATRIOT Act Additional Reauthorizing Amendments Act. Both reauthorizations incorporated amendments to the original USA PATRIOT Act, and other federal laws.
Shayana D. "Shane" Kadidal is an American lawyer and writer. Kadidal has worked at the Center for Constitutional Rights in New York City since 2001, and is senior managing attorney of the Guantánamo Global Justice Initiative there, coordinating legal representation for the captives held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. Previously a writer on patent, drug and obscenity law, since 2001 he has played a role in various notable human rights cases, including:
In United States law, providing material support for terrorism is a crime prohibited by the USA PATRIOT Act and codified in title 18 of the United States Code, sections 2339A and 2339B. It applies primarily to groups designated as terrorists by the State Department. The four types of support described are "training," "expert advice or assistance," "service," and "personnel."
Jameel Jaffer is a Canadian human rights and civil liberties attorney and the inaugural director of the Knight First Amendment Institute at Columbia University, which was created to defend the freedoms of speech and the press in the digital age. The Institute engages in "strategic litigation, research, and public education." Among the Knight Institute's first lawsuits was a successful constitutional challenge to President Trump's practice of blocking critics from his Twitter account.
Andy Worthington is a British historian, investigative journalist, and film director. He has published three books, two on Stonehenge and one on the war on terror, been published in numerous publications and directed documentary films. Articles by Worthington have been published in The New York Times, The Guardian, The Huffington Post, AlterNet, ZNet, the Future of Freedom Foundation and Amnesty International, and Qatar-based Al Jazeera. He has appeared on television with Iran-based Press TV In 2008, he began writing articles for Cageprisoners, and became its Senior Researcher in June 2010.
References
- ↑ "Unconstitutional: the War on Our Civil Liberties". Fandango. 2004.
- 1 2 DelVecchio, Rick (15 October 2004). "Berkeley: Film Festival has a political bent, featuring final part in trilogy about Bush". The San Francisco Chronicle.
- 1 2 3 4 Krust, Kevin (8 October 2004). "3 documentaries lambast Bush team". The Los Angeles Times.
- 1 2 Akrum, Nora (15 October 2004). "Cinematic Convergence: The 11th Annual Austin Film Festival". The Austin Chronicle.
- 1 2 3 Martel, Ned (1 October 2004). "Attempts to Sort Out and Make Sense of History". The New York Times.
- 1 2 3 4 Jane, Ian (26 October 2004). "Unconstitutional- The War on Civil Liberties". DVD Talk.
- 1 2 3 4 5 6 7 8 9 10 Devine, Dan (24 November 2004). "Unconstitutional: The War on Our Civil Liberties". PopMatters.
- ↑ "Unconstitutional: The War on Our Civil Liberties". The Washington Post. Archived from the original on 2016-03-04.