Department of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism : Hearings Before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, First Session, November 28, December 4, and December 6, 2001, Volume 4

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U.S. Government Printing Office, 2002 - 592 pages
 

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Page 427 - Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. . . .[T]he government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence. . . . 2<
Page 388 - 5 Article 9(4) of the ICCPR states: "Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of the detention and order his release if the detention is unlawful.
Page 425 - Id. at 209 ("The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.").
Page 396 - The Convention against Torture states: "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture" (article 2 (2). The ICCPR similarly states that no derogation is permissible from Article 7, which prohibits torture or other cruel, inhuman or degrading
Page 426 - Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court martial or by a military commission, and shall, on conviction thereof, suffer death.
Page 425 - 71 US at 210. 5 Pub. L. 107-40 2(a) states: [T]he President is authorized to all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order
Page 104 - The provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals.
Page 454 - en, or squads of men, who commit hostilities. . .without being part and portion of the organized hostile army, and without sharing continuously in the war, if captured, are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers or pirates.").
Page 81 - which authorizes the President "to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on Sept 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
Page 81 - which authorizes the detention, treatment and trial of certain non-citizens in the war against terrorism. In particular, I will discuss what I consider to be a weakness in the Administration's argument regarding the President's legal predicate for authorizing the use of military commissions with respect to the terrorist attacks on September

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