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Trial of Foreign Terrorist Suspects

Moeckli Daniel

in Human Rights and Non-discrimination in the 'War on Terror'

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199239801
eISBN:
9780191716829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239801.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses the trial of alleged terrorists by special tribunals. It demonstrates that the right to equality before the courts — one of the most important aspects of the right to ... More


Introducing the Hybrid Paradigm and the Historical Analogy

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0002
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

An individual accused of involvement in terrorism must be brought to some form of trial, but the American criminal law process is inapplicable to the current conflict. To guarantee the suspect ... More


Creating the Enemy Combatant: Performances of Justice and Realities of Rightlessness

A. Naomi Paik

in Rightlessness: Testimony and Redress in U.S. Prison Camps since World War II

Published in print:
2016
Published Online:
September 2016
ISBN:
9781469626314
eISBN:
9781469628097
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469626314.003.0006
Subject:
History, American History: 20th Century

Following a trail of state documents, this chapter examines how the U.S. government produced not only a new rightless subject in the “enemy combatant,” but also a parallel, quasi-legal system created ... More


Trial and Punishment for Battlefield Misconduct

Dru Brenner-Beck

in The War on Terror and the Laws of War: A Military Perspective

Published in print:
2015
Published Online:
December 2014
ISBN:
9780199941452
eISBN:
9780190221393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941452.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses trial and punishment for battlefield misconduct in the context of the United States “war on terror” since 2001, examining the basis for the use of military commissions to try ... More


Eisentrager’s (Forgotten) Merits: Military Jurisdiction and Collateral Habeas

Stephen I. Vladeck

in The Hidden Histories of War Crimes Trials

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671144
eISBN:
9780191751516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671144.003.0009
Subject:
Law, Public International Law, Legal History

This chapter examines the Supreme Court's 1950 ruling in Johnson v Eisentrager, where twenty-seven German nationals captured in China were tried by a US military commission for war crimes based on ... More


Aleksandr Aleksandrovich Chikolini

Semion Lyandres

in The Fall of Tsarism: Untold Stories of the February 1917 Revolution

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199235759
eISBN:
9780191745898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235759.003.0004
Subject:
History, European Modern History, Political History

This chapter presents a translation of the Russian-language transcripts of the interview with Aleksandr Aleksandrovich Chikolini (1872–?), a Moscow sworn attorney before WWI, and a noncommissioned ... More


The English Constitution and the First Efforts to Reform the Commonwealth (1763–1768)

Butterwick Richard

in Poland’s Last King and English Culture

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198207016
eISBN:
9780191677441
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198207016.003.0008
Subject:
History, European Modern History

The English constitution had a minor influence on the constitutional reforms that the Czartoryskis and Stanislaw August enacted. The model for the treasury and military commissions was probably the ... More


Prosecuting Terrorist Suspects after 9/11

Ralph Jason

in America's War on Terror: The State of the 9/11 Exception from Bush to Obama

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199652358
eISBN:
9780191745515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652358.003.0003
Subject:
Political Science, International Relations and Politics

This chapter focuses on the use of military commissions to prosecute terrorist suspects. This is interpreted as an extension of the Bush administration’s focus on prevention and a concern that ... More


George W. Bush as Chief Executive

James P. Pfiffner

in Assessing the George W. Bush Presidency: A Tale of Two Terms

Published in print:
2009
Published Online:
September 2012
ISBN:
9780748627400
eISBN:
9780748671946
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748627400.003.0003
Subject:
Political Science, American Politics

President George W. Bush was willing to delegate large swaths of public policy to Vice President Dick Cheney. This chapter examines several cases of policy decisions that illustrate Bush's ... More


America's War on Terror: The State of the 9/11 Exception from Bush to Obama

Jason Ralph

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199652358
eISBN:
9780191745515
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652358.001.0001
Subject:
Political Science, International Relations and Politics

Following 9/11 the United States faced a situation of exceptional insecurity. In that period the Bush administration argued that certain international norms did not apply to US conduct. Its argument ... More


War Powers and the War on Terrorism

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0010
Subject:
Law, Private International Law, Comparative Law

This chapter considers the relevance of international law within the U.S. legal system to the United States’ initiation and conduct of war. After briefly reviewing some of the most relevant treaties ... More


“Drum-head Justice”?: The Military Courts and the Suspension of Habeas Corpus

Harry N. Scheiber and Jane L. Scheiber

in Bayonets in Paradise: Martial Law in Hawai'i during World War II

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824852887
eISBN:
9780824868727
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824852887.003.0007
Subject:
Society and Culture, Pacific Studies

The administration of justice was a source of major contention between the civil authorities and the military. The Military Governor closed the civil courts, whose functions were replaced with ... More


The Fall of Tsarism: Untold Stories of the February 1917 Revolution

Semion Lyandres

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199235759
eISBN:
9780191745898
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235759.001.0001
Subject:
History, European Modern History, Political History

The Russian Revolution of February 1917 was a defining event of the twentieth-century. In nine short days, the centuries-old tsarist regime was overthrown and a chain of events was set in motion that ... More


Promoting international law

Peter Weiss

in Terrorism and Public Health: A balanced approach to strengthening systems and protecting people

Published in print:
2007
Published Online:
September 2009
ISBN:
9780195325256
eISBN:
9780199864409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195325256.003.0019
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter discusses the promotion of international law as a means of addressing terrorism. It describes responses of the U.S. government to the 9/11 attacks and how these responses have often been ... More


Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0013
Subject:
Law, Criminal Law and Criminology

This chapter examines questions that a habeas corpus petition can ask but that the law of habeas itself does not answer—questions that are at the core of current debates about America's detention ... More


12 Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0013
Subject:
Law, Criminal Law and Criminology

This chapter examines questions that a habeas corpus petition can ask but that the law of habeas itself does not answer—questions that are at the core of current debates about America's detention ... More


Deprivations of Life and Liberty: Detention, Trial, and Targeted Killing

Rebecca Sanders

in Plausible Legality: Legal Culture and Political Imperative in the Global War on Terror

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190870553
eISBN:
9780190870584
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190870553.003.0004
Subject:
Political Science, International Relations and Politics, American Politics

Post-9/11 American counterterrorism policy has strained legal prohibitions on arbitrary deprivations of life and liberty. This chapter surveys domestic and international legal norms governing killing ... More


Tackling Prisons beyond the Law: Guantánamo Revisited

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter examines the political backlash to the Supreme Court ruling in Hamdan v. Rumsfeld, which paved the way for the Military Commissions Act of 2006. It considers how the Bush administration, ... More


The War on Terror and the Laws of War: A Military Perspective

Geoffrey S. Corn, James A. Schoettler, Jr., Dru Brenner-Beck, Victor M. Hansen, Dick Jackson, Eric Talbot Jensen, and Michael W. Lewis

Published in print:
2015
Published Online:
December 2014
ISBN:
9780199941452
eISBN:
9780190221393
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199941452.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

Thirteen years after the United States initiated a military response to the terrorist attacks of September 11, 2001, the nation continues to prosecute what it considers an armed conflict against ... More


5 Habeas Corpus and the Right to Challenge Unlawful Imprisonment

Jonathan Hafetz

in Habeas Corpus after 9/11: Confronting America's New Global Detention System

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814737033
eISBN:
9780814790793
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814737033.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines how habeas corpus emerged as a legal instrument for protecting individuals against unlawful imprisonment by the executive. It also considers the role of habeas during wartime; ... More


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