Detention of U.S. Persons as Enemy Belligerents

Author / Creator

Library of Congress. Congressional Research Service. American Law Division

Available as

Online

Summary

Analyzes existing law and authority to detain U.S. citizens, resident aliens, and other persons within the U.S. who are suspected of being members, agents, or associates of Al Qaeda or possibly oth...

Analyzes existing law and authority to detain U.S. citizens, resident aliens, and other persons within the U.S. who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as "enemy combatants." Provides background to legal issues presented, introduces law of war pertinent to detention of different categories of individuals, discusses U.S. practice during wartime to detain persons deemed dangerous to national security, and reviews recent "enemy combatant" cases. Examines Congressional role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address detention of U.S. persons.

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