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This book presents the five major enemy combatant cases of the
post-9/11 era. Presented in narrative form, these original
documents tell the story that clarifies the questions at the heart
of the American detention of alleged combatants in the war on
terror. These documents discuss the right to counsel, the right to
a trial, the right for the accused to see the evidence against him,
and the intersection between domestic and international law. The
book highlights the tension between the needs of national security
and the liberties allotted to alleged enemies of the state by
highlighting the basic question of what the US Constitution
guarantees and to whom. The reader can follow the evolving
arguments about presidential powers in time of war, habeas corpus,
the Geneva Conventions, balance of powers, and matters of detention
and prisoner treatment. This book is meant for those who seek to
understand the issues that have dominated the search for balance
between justice and security in the war on terror.
The Enemy Combatants Papers presents the five major enemy combatant
cases of the post-9/11 era. Presented in narrative form, these
original documents tell the story that clarifies the questions at
the heart of the American detention of alleged combatants in the
war on terror. These documents discuss the right to counsel, the
right to a trial, the right for the accused to see the evidence
against him, and the intersection between domestic and
international law. The book highlights the tension between the
needs of national security and the liberties allotted to alleged
enemies of the state by highlighting the basic question of what the
U.S. Constitution guarantees and to whom. In these documents, the
reader can follow the evolving arguments about presidential powers
in time of war, habeas corpus, the Geneva Conventions, balance of
powers, and matters of detention and prisoner treatment.
Complemented with a comprehensive timeline and appendices that
include the relevant cases from the Civil War, World War II, and
the Korean War and the premises for setting up military commissions
and Combatant Status Review Tribunals, this book is meant for those
who seek to understand the issues - legal, political, and military
- that have dominated the search for balance between justice and
security in the war on terror.
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