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Enemy Combatant
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" (as described in the 1949 Geneva Conventions Article 3). After the September 11 attacks, the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or the Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants, a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions. However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention, enemy combatants, under the Bush administration, were not ...
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United States Department Of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national security and the United States Armed Forces. The DoD is the largest employer in the world, with over 1.34 million active-duty service members (soldiers, marines, sailors, airmen, and guardians) as of June 2022. The DoD also maintains over 778,000 National Guard and reservists, and over 747,000 civilians bringing the total to over 2.87 million employees. Headquartered at the Pentagon in Arlington, Virginia, just outside Washington, D.C., the DoD's stated mission is to provide "the military forces needed to deter war and ensure our nation's security". The Department of Defense is headed by the secretary of defense, a cabinet-level head who reports directly to the president of the United States. Beneath the Department of Defense are t ...
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Lawful Enemy Combatant
The term lawful enemy combatant is defined in the Military Commissions Act of 2006; the term is used as an exclusionary term to prevent most of those who qualify under the definition from being an unlawful enemy combatant. Definition Criticism The definition given in the act seems to face several difficulties. Firstly it is to a substantial extent analogous to the definition of such persons who are to be held as prisoners of war under the Geneva Convention relative to the Treatment of Prisoners of War, and indeed would appear to define those who are to be treated as prisoners of war, but it is missing three of the categories under said convention, categories 4, 5, 6. Furthermore, under Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts ( Protocol I), 8 June 1977 there are additional categories given, but to which the United States of America is merely a signatory, since it has not been ratif ...
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Military Commissions Act Of 2006
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". It was drafted following the decision on '' Hamdan v. Rumsfeld'' (2006) from the Supreme Court of the United States, which ruled that the Combatant Status Review Tribunals (CSRT), as established by the United States Department of Defense, were procedurally flawed and unconstitutional, and did not provide protections under the Geneva Conventions. It prohibited detainees who had been classified as enemy combatants or were awaiting hearings on their status from using ''habeas corpus'' to petition federal courts in challenges to their detention. All pending habeas corpus cases at the federal district court were stayed. In '' Boumediene v. Bush'' (2008), the Supreme Court held that Section 7 of the law was uncons ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires t ...
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Hamdan V
Hamdan ( ar, حمدان ') is a name of Arab origin of aristocratic descent and many political ties within the middle east and the Arab World, controlling import/export mandates over port authorities. Among people named Hamdan include: Given name * Hamdan bin Mohammed Al Maktoum, hereditary Prince of Dubai * Hamdan Mohamad, Malaysian businessman * Hamdan Odha Al-Bishi, Saudi Arabian sprinter Middle name * Anwar Hamdan Muhammed Al-Noor, former Guantanamo detainee Surname * Abdullah bin Suleiman Al Hamdan (1887–1965), Saudi Arabian politician and businessman * Gamal Hamdan (1928-1993), Egyptian geographer, author, university professor * Ghassan Hamdan, Iraqi scholar, poet and translator * Gibran Hamdan (born 1981), American NFL and NFL Europe quarterback * Hasan Hamdan, Lebanese actor and voice actor * Jamal al-Din Hamdan, 19th century Lebanese Druze Sheikh * Jamal Hamdan (actor) (born 1958), Lebanese actor and voice actor * Mais Hamdan (born 1982), Jordanian actress, ...
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SCOTUS
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Con ...
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Guantanamo Bay Naval Base
Guantanamo Bay Naval Base ( es, Base Naval de la Bahía de Guantánamo), officially known as Naval Station Guantanamo Bay or NSGB, (also called GTMO, pronounced Gitmo as jargon by members of the U.S. military) is a United States military base located on of land and water on the shore of Guantánamo Bay at the southeastern end of Cuba. It has been permanently leased to the United States since 1903 as a coaling station and naval base, making it the oldest overseas U.S. naval base in the world. The lease was $2,000 in gold per year until 1934, when the payment was set to match the value in gold in dollars; in 1974, the yearly lease was set to $4,085. Since taking power in 1959, the Cuban communist government has consistently protested against the U.S. presence on Cuban soil, arguing that the base "was imposed on Cuba by force" and is "illegal under international law." Since 2002, the naval base has contained a military prison, for alleged unlawful combatants captured in A ...
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Combatant Status Review Tribunal
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. These non-public hearings were conducted as "a formal review of all the information related to a detainee to determine whether each person meets the criteria to be designated as an enemy combatant." The first CSRT hearings began in July 2004. Redacted transcripts of hearings for "high value detainees" were posted to the Department of Defense (DoD) website. As of October 30, 2007, fourteen CSRT transcripts were available on the DoD website. The Supreme Court of the United St ...
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Detention, Treatment, And Trial Of Certain Non-Citizens In The War Against Terrorism
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.Presidential Military Order: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
'''', November 13, 2001
The order: #Defines which individuals the President considers subject to the order. #States that the U.S. Secretary of Defens ...
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War Powers Resolution
The War Powers Resolution (also known as the War Powers Resolution of 1973 or the War Powers Act) () is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization", or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces". The War Powers Resolution requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30-day withdrawal period, without congressional authorization for use of military force (AUMF) or a declaratio ...
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Authorization For Use Of Military Force Against Terrorists
The Authorization for Use of Military Force (AUMF) (, ) is a joint resolution of the United States Congress which became law on September 18, 2001, authorizing the use of the United States Armed Forces against those responsible for the September 11 attacks. The authorization granted the President the authority to use all "necessary and appropriate force" against those whom he determined "planned, authorized, committed or aided" the September 11 attacks, or who harbored said persons or groups. The AUMF was passed by the 107th Congress on September 18, 2001, and signed into law by President George W. Bush on September 18, 2001. Since 2001, U.S. Presidents have interpreted their authority under the AUMF to extend beyond al Qaeda and the Taliban in Afghanistan to apply to numerous other groups as well as other geographic locales. In December 2016, the Office of the President published a brief interpreting the AUMF as providing Congressional authorization for the use of force against ...
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September 11, 2001 Attacks
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial airliners scheduled to travel from the Northeastern United States to California. The hijackers crashed the first two planes into the Twin Towers of the World Trade Center in New York City, and the third plane into the Pentagon (the headquarters of the United States military) in Arlington County, Virginia. The fourth plane was intended to hit a federal government building in Washington, D.C., but crashed in a field following a passenger revolt. The attacks killed nearly 3,000 people and instigated the war on terror. The first impact was that of American Airlines Flight 11. It was crashed into the North Tower of the World Trade Center complex in Lower Manhattan at 8:46 a.m. Seventeen minutes later, at 9:03, the World Trade Cen ...
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