Extrajudicial detention, U.S.: Difference between revisions
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{{seealso|User: Howard C. Berkowitz/EJUSGWB}} | |||
'''Extrajudicial detention by the United States''' has taken place under a number of Administrations, sometimes during overt war, and, perhaps better known at present, directed against non-national threats. There has also been [[extraordinary rendition]] to third countries. Certain of these detentions have been considered generally consistent with customary international and U.S. law of the time, while others were much more controversial. Detention and rendition programs have been most extensive under the [[George W. Bush Administration]]; some have been repudiated by the successor [[Obama Administration]]. | '''Extrajudicial detention by the United States''' has taken place under a number of Administrations, sometimes during overt war, and, perhaps better known at present, directed against non-national threats. There has also been [[extraordinary rendition]] to third countries. Certain of these detentions have been considered generally consistent with customary international and U.S. law of the time, while others were much more controversial. Detention and rendition programs have been most extensive under the [[George W. Bush Administration]]; some have been repudiated by the successor [[Obama Administration]]. | ||
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==American Civil War== | ==American Civil War== | ||
[[Abraham Lincoln]] suspended [[habeas corpus]] and detained many he considered threats to the Union. ''[[Ex parte Milligan]]'' was a detention case considered by the [[Supreme Court of the United States]], | [[Abraham Lincoln]] suspended [[habeas corpus]] and detained many he considered threats to the Union. | ||
''[[Ex parte Milligan]]'' was a detention case considered by the [[Supreme Court of the United States]], in which the Court held that a citizen, in an area where the civilian courts were operating, could not be tried by a military commission. | |||
==Second World War== | ==Second World War== | ||
International law historically has given protection to [[lawful combatant]]s in direct conflict, allowing them [[prisoner of war]] status. Far fewer protections have been granted to enemy agents, both in combatant and in intelligence-gathering roles, who operated in civilian or other disguise. | International law historically has given protection to [[lawful combatant]]s in direct conflict, allowing them [[prisoner of war]] status. Far fewer protections have been granted to enemy agents, both in combatant and in intelligence-gathering roles, who operated in civilian or other disguise. | ||
Revision as of 11:42, 7 March 2009
- See also: User: Howard C. Berkowitz/EJUSGWB
Extrajudicial detention by the United States has taken place under a number of Administrations, sometimes during overt war, and, perhaps better known at present, directed against non-national threats. There has also been extraordinary rendition to third countries. Certain of these detentions have been considered generally consistent with customary international and U.S. law of the time, while others were much more controversial. Detention and rendition programs have been most extensive under the George W. Bush Administration; some have been repudiated by the successor Obama Administration.
Some actions, such as the execution, as a spy, of a British Army major, John Andre, during the American Revolution were consistent with international treatment of spies. Military law, which, until recently, was the main basis of extrajudicial actions, was first promulgated as the Lieber Code during the American Civil War.
American Civil War
Abraham Lincoln suspended habeas corpus and detained many he considered threats to the Union.
Ex parte Milligan was a detention case considered by the Supreme Court of the United States, in which the Court held that a citizen, in an area where the civilian courts were operating, could not be tried by a military commission.
Second World War
International law historically has given protection to lawful combatants in direct conflict, allowing them prisoner of war status. Far fewer protections have been granted to enemy agents, both in combatant and in intelligence-gathering roles, who operated in civilian or other disguise.