This book presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the US Constitution guarantees and to whom. The reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. This book is meant for those who seek to understand the issues that have dominated the search for balance between justice and security in the war on terror.
• Full text of pleadings, appeals, amici briefs, and decisions for all enemy combatant cases • Introduction by defense attorneys involved in each case • Appendices provide all precedent cases
Part I. 'Battlefield' Captures: 1. Rasul v. Bush; 2. Hamdi v. Rumsfeld; Part II. Military Commissions: 3. Hamdan v. Rumsfeld; Part III. US Captures: 4. Padilla v. Bush; 5. Al-Marri v. Hanft; Afterword: Boumediene v. Bush.