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2010

International law

Annual Survey of International & Comparative Law

Military, War, and Peace

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Full-Text Articles in Law

Fighting The War On Terrorism With The Legal System: A Defense Of Military Commissions, Jessica Erin Tannenbaum Aug 2010

Fighting The War On Terrorism With The Legal System: A Defense Of Military Commissions, Jessica Erin Tannenbaum

Annual Survey of International & Comparative Law

In early 2002, the United States began transporting prisoners captured in Afghanistan to the naval base at Guantanamo Bay. Almost immediately, an uproar broke out over the detention of prisoners there. The United States was, and continues to be, almost universally criticized by the international community for its handling of the prisoners at Guantanamo Bay. The most common criticisms are of the detention of accused terrorists without charges and the indefinite detention of non-citizens certified as dangers to national security as authorized by the USA PATRIOT Act. Although all of the issues regarding the detention of prisoners in the War …