Essay On Military Tribunal

In August of 2002, without consulting Congress, the Bush administration changed the definition of torture by military standards to allow for previously illegal interrogation techniques. (Inside Guantanamo) Bush lost a lot of respect from American citizens for doing this on his own instead of consulting Congress because it added a lot of suspicion that he was trying to hide something. The Pentagon organized the interrogation techniques into three categories. The first one included yelling and deception techniques and the second included sensory deprivation, isolation, stress positions, extensive interrogation, hooding, clothing removal, and the use of phobias. The third and most severe category included waterboarding and even death threats. (Greenberg 221) Bush wanted justice to be served to the men who planned and carried out the deaths of thousands of innocent Americans in the 9/11 terrorist attacks. He thought the families of the thousands killed that day deserved that justice. Soon after, President Bush sent 14 men to Guantanamo Bay so that justice could be served to them by the military commissions he had proposed. They were to be put under the custody of the CIA where they would get what Bush thought they deserved and thanks to the Bybee Memo, Bush had complete, unlimited power when it came to core war matters such as this. While constitutional, the actions of the Bush administration as he went behind Congress’s back and came up with a new definition for torture

Torture is known as the intentional infliction of either physical or psychological harm for the purpose of gaining something – typically information – from the subject for the benefit of the inflictor. Normal human morality would typically argue that this is a wrongful and horrendous act. On the contrary, to deal with the “war on terrorism” torture has begun to work its way towards being an accepted plan of action against terrorism targeting the United States. Terroristic acts perpetrate anger in individuals throughout the United States, so torture has migrated to being considered as a viable form of action through a blind eye. Suspect terrorists arguably have basic human rights and should not be put through such psychologically and physically damaging circumstances.

Congress passed the War Powers Act that acknowledges the presidential right to take limited military action before receiving congressional approval, but requires him to file a formal report with Congress within forty-eight hours of initiating hostilities. The use of military action is limited to sixty days without congressional approval. An additional thirty days can be granted if it is necessary to withdraw the troops.

Hamdi et al. v. Rumsfeld, Secretary of Defense, et al. could prove the undoing of the Bush administration’s legal defense of the abuses at Guantanamo Bay. In this case, four British citizens are suing Secretary of Defense Donald Rumsfeld as well as a host of Army and Air Force Generals and policy apparatchiks for allegedly authorizing the use of torture in Afghanistan and Guantanamo Bay. The four were captured in Afghanistan, either by Americans or America’s ally, the Northern Alliance, and transported to Guantanamo Bay in Cuba where they were held for over two years. Their status there was not as enemy combatant, which guaranteed them certain protections under the Geneva Convention, but rather as

The case is about detention of a citizen from the United States of America unlawfully without being charged or tried. The issue in the case is whether the military officials violate the law through such conducting such a detention unless the Congress authorizes them to do so. Jose Padilla, an American, returned from Pakistan in 2002 when he was later arrested in O’Hare International Airport in Chicago (Ann, 2004). At first, he was detained as a witness during the investigation that the government conducted in the al Qaeda network. However, his detention was followed by a declaration that he was an ‘enemy combatant.’ The Defense Department of Chicago, by declaring him so implied that he could now be taken to prison without accessing an attorney or even the courts. The main reason why he was arrested was that the FBI suspected that his return to the United States of America was to continue carrying out criminal acts in the country.

The detention of petitioners for trial by military commission does not violate the Constitution of the United States. Congress and President, under the Articles of War and Executive Orders, may constitutionally place unlawful combatants on trial before a military commission for offenses against the law of war. Unlawful combatants have traditionally been recognized as individuals who act as secret spies or enemy combatants without uniform who infiltrate behind military lines for the purpose of gaining secret information or conducting “sabotage” against a nation’s military forces. The saboteurs are properly characterized as unlawful combatants because, while they are members of a sovereign nation’s military force, they acted secretly and removed their uniforms for the purpose of infiltrating and sabotaging the United States military. While lawful enemy combatants are subject to capture and detention as prisoners of war by opposing military forces, unlawful combatants are additionally subject to trial and punishment by military tribunals for violations of the law of war. The Articles of War specifically provide for the trial of unlawful combatants by military commission for offenses against the law of war. Additionally, the Constitution gives the President the power to wage war declared by Congress, carry into effect all laws passed by Congress for the conduct of war and for the government and regulation of the armed forces, as well as all laws that

Facts: Yaser Esam Hamdi, an American citizen was detained by the Northern Alliance forces on the battle fields of Afghanistan in late 2001. Hamdi was then consider to be an enemy combatant, in other words a traitor, in which he was held by the Department of Defense. Hamdi’s father then, petition for a federal district court for a writ of habeas corpus, claiming that his son had no wrong and was unlawfully held. However, the court countered with, “they had the right to detain him due to war time”. In addition, the president, George W. Bush took action and said to use “all and appropriate force” and those designated as “enemy combatant”.

As part of the “war on terror,” the US began a revolutionary practice of holding "enemies" in military detention without charge and without according them basic rights. Guantanamo Bay is a notorious United States military prison, known for the frequent mistreatment of its inmates. Hundreds of people have gone in and out of GTMO, but none were afforded the rights granted to regular American prisoners. These inmates have spent years holed up in a secretive compound, where some aren't even cognizant of the charges against them. Furthermore, these detainees have reported incidents of abuse and torture, direct violations of the eighth amendment. Bush appointed officials, like Susan Crawford, have conceded that torture occurred at GTMO, validating claims made by those imprisoned. This controversial detention center is infamous internationally, as a 2005 Amnesty International report called the facility the "Gulag of our times.” The U.S. government opened this base as a holding center for the “world’s most dangerous criminals,” and perpetuates its existence to ensure national security. Guantanamo Bay may not seem relevant to most Americans, but its existence is a blatant violation of the Constitution, and foreshadows more encroachment upon the personal liberties enjoyed by

Early in 2008 I committed a major infraction while serving in the United States Army in Iraq, a violation of federal law and of U.S. Department of Defense policy, a violation so inexcusable that the only correction available would be a discharge. The violation was loving another man.

The torture of captured suspects is contrarian to the values of the American legal system because generally captured suspects are supposed to entitled to due process, according to Amendment V of the United States Constitution: “no person shall be . . . deprived of life, liberty, or property without due process of law.” Guantanamo Bay”. Terrorist which are held captive by the American government are presumed guilty but are not being given a fair chance to seek representation in a court of law or have fall range access to their attorneys once they find themselves in a conflict. In my opinion, terrorists should have the opportunity to have their cases reviewed and be given a fighting chance instead of being held for an indefinite amount of time without due process or trial. The U.S

The Non-Detention Act prohibited the detention of citizens except agreeable to an act of Congress. The Force Resolution was adopted one week after the attacks of 9/11, it never used the word “detention” and instead focused on the use of military power. Justice Scalia and Stevens wrote the dissenting opinion. The Constitution’s Suspension Clause, Art. 1, 9, cl. 2, allowed Congress to relax the usual protections temporarily. Justice O’Connor wrote the plurality opinion. The capturing of enemy combatants was an accurate description of wartime practice. The legislative branch allowed the suspension of the Writ. Executives lacked indefinite wartime detention. Hamdi was entitled to a Habeas decree requiring his release. Constitutional requirements may be different. The term “enemy combatant” changes its meaning for everyone. The 9/11 attacks may link with the term “invasion.” Tools may not be sufficient enough to confine Hamdi. Justice Thomas wrote the dissenting opinion. The Court does not have the rule or knowledge needed to provide the judgement of the case in question. That right was given to Congress. All of the authors of other opinions were justified

Is waterboarding suspected terrorists at Guantanamo Bay justifiable in order to save American lives? For years since the attacks on 9/11, prisoners suspected of terrorist actions have been treated poorly and taken to bases like Guantanamo Bay where they are interrogated and abused past levels of legality. This is upsetting how the United States government tortures people only suspected of terrorist activity. There have been many incidents where innocent people were accused of terrorist activity and harassed. After the bombing of the Boston Marathon, three innocent muslim men were put in custody to answer some questions on the bombing (Friedersdorf). The innocent men had done nothing wrong but the United States has a history of fighting terrorism in a very forceful way. Is it “okay” to question anyone without legal justification? In the US, the fear of terrorism has

I am basing my decision on the utilitarian and deontology theories. It is the duty of the Secretary of Defense to uphold the President’s orders. Therefore, based on the military order placed into affect by President George W. Bush in 2001 it is our duty to try terrorist under a military tribunal. There is a due process under the military tribunal and there for they are given a “full and fair trial.” It is in the best interest of the United States people, for the military intelligence sources and methods to be maintained. Therefore, this supports a utilitarian theory by have the greater good

A Few Good Men is a movie that adequately causes debate among renowned professors, philosophers, and psychoanalysts. The film demonstrates multiple qualities of commands and power in the military, specifically the Marines. A Few Good Men has an early distinguishable gender distinction, where women are subordinate to men, despite being higher in rank. Marines use a punishment known as a Code Red to discipline any soldier who fails to comply with any and all given orders. Philip G. Zimbardo is a professor at Stanford University who composed the article, “The Stanford Prison Experiment,” in 1973 (Zimbardo 240). Zimbardo’s article covers his experiment which tested college students’ abilities to adapt in either an authoritarian role as a guard

In our case, a naturalized US citizen was captured abroad and was accused of terrorism. When the US handles an issue that involves terrorism, it does so with absolute seriousness. Ideally, terrorism can be combated when individuals have an in-depth understanding of four foundations for any terrorist activity. Ideologies that justify murder, blaming others for individual grievances, political alienation, and subcultures that lead to misinformation d conspiracy. For the individual captured, detaining him in Guantanamo