The Treatment of Prisoners: Legal, Moral Or Criminal?Nova Publishers, 2006 - 254 pages The United States has long adhered to the rules regarding the treatment of prisoners as set forth by the Geneva Convention. Following the terrorist attacks of 9/11, however, special prisons, such as Guantanomo Bay, Abu Ghraib, and other prisons located around the world that are referred to as dark sites were opened for the confinement and interrogation of suspected enemy combatants. Media outlets and books have partially exposed occurrences of various degrees of torture taking place in these facilities. These reports have generated a vigorous debate in the U.S. and the United Nations about the legality and morality of such treatments. This book presents recent analyses of these developments. |
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Page xii
... removal or extradition of all aliens from the United States must be consistent with U.S. obligations under CAT as reported in chapter 9. CAT obligations concerning alien removal have additional implications in cases of criminal and ...
... removal or extradition of all aliens from the United States must be consistent with U.S. obligations under CAT as reported in chapter 9. CAT obligations concerning alien removal have additional implications in cases of criminal and ...
Page 4
... removal of enemy aliens deemed dangerous . [ 29 ] The Supreme Court has upheld internment programs promulgated under the Alien Enemy Act . [ 30 ] This form of detention , like the detention of POWs , is administrative rather than ...
... removal of enemy aliens deemed dangerous . [ 29 ] The Supreme Court has upheld internment programs promulgated under the Alien Enemy Act . [ 30 ] This form of detention , like the detention of POWs , is administrative rather than ...
Page 11
... removal from the United States under regulations promulgated by the President . [ 82 ] The government urged the courts to uphold the constitutionality of the Act as a proper exercise of Congress " power over the persons and property of ...
... removal from the United States under regulations promulgated by the President . [ 82 ] The government urged the courts to uphold the constitutionality of the Act as a proper exercise of Congress " power over the persons and property of ...
Page 15
... removed by military force to Nevada , although the exclusion board had determined that he had no association with any enemy ... removal of restrictions . [ 136 ] Because these persons were afforded a limited hearing to determine their ...
... removed by military force to Nevada , although the exclusion board had determined that he had no association with any enemy ... removal of restrictions . [ 136 ] Because these persons were afforded a limited hearing to determine their ...
Page 37
... removal of all alien enemies " who shall be deemed by the Attorney General to be dangerous to the public peace and safety of the United States " ) . The Supreme Court declined to review the determination by the Alien Enemy Hearing Board ...
... removal of all alien enemies " who shall be deemed by the Attorney General to be dangerous to the public peace and safety of the United States " ) . The Supreme Court declined to review the determination by the Alien Enemy Hearing Board ...
Contents
1 | |
DETENTION OF US CITIZENS | 53 |
LAWFULNESS OF INTERROGATION TECHNIQUES UNDER THE GENEVA CONVENTIONS | 61 |
OVERVIEW AND ANALYSIS OF SENATE AMENDMENT CONCERNING INTERROGATION OF DETAINEES | 97 |
GUANTANAMO DETAINEES HABEAS CORPUS CHALLENGES IN FEDERAL COURT | 103 |
TREATMENT OF BATTLEFIELD DETAINEES IN THE WAR ON TERRORISM | 129 |
RENDITIONS CONSTRAINTS IMPOSED BY LAWS ON TORTURE | 183 |
UN CONVENTION AGAINST TORTURE CAR OVERVIEW AND APPLICATION TO INTERROGATION TECHNIQUES | 207 |
THE UN CONVENTION AGAINST TORTURE OVERVIEW OF US IMPLEMENTATION POLICY CONCERNING THE REMOVAL OF ALIENS | 225 |
INDEX | 245 |
Common terms and phrases
According action activity Administration aliens alleged amendment appears apply argued armed armed conflict armed forces Army authority belligerent CAT Article challenge charged circumstances citizens civilians claim committed Committee concerning conduct Congress considered constitutional Court criminal cruel custody decision Defense defined Department described detainees detention determined effect Emergency enemy combatants entitled established executive extradition federal forces Geneva Conventions habeas corpus held hostilities implementing individual inhuman international law interpretation interrogation issue jurisdiction Justice legislation limited military military commission obligations occur officials particular parties persons physical practice present President prisoners prisoners of war procedures prohibited protected punishment Qaeda question regarding regulations removal rendered renditions Report respect rules Senate status suffering supra note Supreme Court techniques territory terrorism terrorist torture transfer treated treatment trial tribunal United unlawful violation
Popular passages
Page 63 - Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause...
Page 208 - No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
Page 220 - Courts, as the case may be, of all causes where an alien sues for a tort only, in violation of the law of nations or a treaty of the United States...
Page 45 - Whether the president in fulfilling his duties, as commander-in-chief, in suppressing an insurrection, has met with such armed hostile resistance, and a civil war of such alarming proportions as will compel him to accord to them the character of belligerents, is a question to be decided by him, and this court must be governed by the decision and acts of the political department of the government to which this power was entrusted. 'He must determine what degree of force the crisis demands.
Page 224 - torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such...
Page 83 - ... from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Page 7 - So long as such arrests are made in good faith and in the honest belief that they are needed in order to head the insurrection off, the Governor is the final judge and cannot be subjected to an action after he is out of office on the ground that he had not reasonable ground for his belief.
Page 162 - Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War...