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Issue 4 Resources

The US government has the right to incarcerate foreign nationals suspected of terrorism without formal charges or the advice of an attorney.


Please follow these Formatting Guidelines so that others can find the resource AND it will be easier to use these in your final position paper!

When you add a resource, also add a page for evaluations of that resource, and don't forget to take credit for the contribution, like this:

EXAMPLE
Smith, Mike. 2000. “All the Facts,” Facts and Opinion Quarterly 10: 51-68.
This is what the article says, it says lots of things and here is where I give a basic summary of its contents.
CONTRIBUTED BY aliengirl

Evaluations of Smith, Mike

ADD RESOURCES HERE:

Article: Broxmeyer, Eric. 2004. "The Problems of Security and Freedom: Procedural Due Process and The Designation of Foreign Terrorist Organizations Under the Anti-Terrorism and Effective Death Penalty Act," Berkeley Journal Of International Law, Vol. 22 Issue 3, p439, 50p.

This article focuses on the procedural due process and the assignment of foreign terrorist organizations under the Ant- Terrorism and the Effective Death Penalty Act. Also, the article includes the description of the alternative approaches taken by the courts in finding when and what due Process must be afforded to assigned organizations/groups.
Contributed by Taquito

Evaluations of Broxmeyer, Eric

Article: Warren Richey. 2004. "Detainee cases hit court," Christian Science Monitor Vol. 96 Issue 40, p1, 0p, 1c.

This article mentions a few "enemy combatants" that have be detained for indefinite about of time. This case is about to go to court and the main issue is how these suspects will be treated. Since war on terrorism is a vague battle, do we treat suspects as criminals or imprisoners of war. The discussion sounds interesting but i'm hesitant because of the source of this article. As of now, i don't not see an apparent bias.
contributed by Taquito

Evaluations of Richey, Warren

Article: Rogers M. Smith. 2001. "With justice for some, not all?" Christian Science Monitor Vol. 93 Issue 250, p9, 0p.

This article discusses the drastic measures President Bush has implemented after the terrorist attacks in 2001 and questions if there is any validity in his actions. Because of the date of when this article was written, I feel that this article is anti-Bush. The article was published a few months after September 11 so it understandable how passionate this person writes. Although it takes more effort to discern his opinion from fact, i do still feel that this subject is valid for discussion.
contributed by Taquito

Evaluations of Smith, Rogers

Offical Press Release: "Justice Official Discusses U.S. Terrorism Investigation" US Embassy Jakarta, Indonesia November 28, 2001
Link: http://www.usembassyjakarta.org/justice1.html

This official release basically says that what the US is doing in detaining individuals without due process of the law is perfectly legal. U.S. Assistant Attorney General Michael Chertoff vouches for the US action and declares that all 548 individuals in US custody, all are under federal criminal or immigration charges; yet the document cleary states that only 104 persons have been formally charged. You are free to draw your own conclusions but i think the attorney general is eating his own words and discrediting the US as a major power in today's delicate society. contributed by Turbo593

Evaluations of Justice Official Discusses US Terrorism

Discussion Paper: “In the Name of National Security: U.S. Counterterrorist Measures, 1960-2000.” John F. Kennedy School of Government, Harvard University, August 2001. Author: Dr. Laura K. Donohue
Link: http://gtel.gatech.edu:2192/wps/dol01/dol01.pdf (you will need a gtxXXXx account and password to access this site.)

This extensive paper is a peer reviewed source and was written/published before the 9/11 attacks. In any case it talks about interesting hardlining policies that the US had before it was hit on native soil by terrorist attacks; when it was busy playing peace keeper in every developing corner of the world. I think it is critical to understand the change in views of politicians in Washington from that time to the present day; and you can judge for yourself if the US was already on the path to overspreading itself and then violating its own constitution in the name of domestic safety and security. Contributed by Turbo593

Evaluation of Dr. Laura K. Donohue


National Commission on Terrorist Attacks upon the United States. The 9/11 Commission report : final report of the National Commission on Terrorist Attacks upon the United States. 2004.

This report talks about the necessary actions the US government must take to prevent terrorists from striking the United States again. Contributed by abc123.

Evaluations of 9/11 Commission Report

Article: Golden, Tim. "After Terror, a Secret Rewriting of Military Law." October 24, 2004, late edition. Link: http://web.lexis-nexis.com/universe/document?_m=8e98f7d08d767315d6991eb058e305a5&_docnum=12&wchp=dGLbVlz-zSkVA&_md5=e70a5590487267a7792bdf28b84aef63

Outlines the legal obstacles and the prisoners frustrations with the New Doctrine after the September 11, 2001 terrorist attacks in the U.S. Military order authorizing the Defense Department to detain terrorist suspects on November 2001; Rules for the military commissions on the prosecution of terrorist suspects on March 2002; Supreme Court decision allowing prisoners to challenge their detention in the federal courts on November 2003. contributed by abc123.

Evaluations of Golden, Tim

Article: "Supreme Court Hands Congress the Lead In Rewriting Terror Suspect Detention Rules." Perine, Keith. CQ Weekly; 7/3/2004, Vol. 62 Issue 27, p1628, 2p, 2c

Discusses issues related to detaining suspected terrorists in Guantánamo Bay, Cuba. Development of legislative rules for incarcerating suspected U.S. and foreign terrorists by the Congress; Examination of the government's right to detain terrorist suspects; Opinion of legislators on detaining U.S. citizens. Peer Reviewed. Contributed by abc123.

Evalutations of Perine, Keith

Article: “Foreign Nationals are entitled to consular notification and access.” Corrections Today. Dec2004, Vol. 66 Issue 7, p146, 1p (Pdf)

Discusses the subjection of the United States to international law, specifically related to detained foreign nationals. contributed by spearmint
Evaluations of "Foreign Nationals . . ."

Article:
“Does the western world still take human rights seriously?” Lancet. 11/24/2001, Vol. 358 Issue 9295, p1741, 1p

Begins discussing similar discussions in the UK, but refers to documents and legal actions within the states, namely taken by President Bush. contributed by spearmint
Evaluations of "Does the Western World . . ."

Article: Guantánamo – an icon of lawlessness (1). Jan 6, 2005. http://web.amnesty.org/pages/guantanamobay-index-eng. January 24, 2005.

This article, from an admittedly biased source, outlines the situation in Guantanamo Bay. On this naval base in Cuba, the US hold prisoners. contributed by spearmint
Evaluations of "Guantanamo . . ."

Article: "Supreme Court sidesteps Guantanamo Bay case

." January 18, 2005. http://www.cnn.com/2005/LAW/01/18/scotus.terror.suspects.ap/index.html, CNN.com

The article here basically just gives the status of one of the cases with a terrorist held in Guantanamo Bay. contributed by HerbyHancock
Evaluations of Above resource by herbyhancock

Government Document: “Directing the Secretary of State to transmit to the House of Representatives documents in the possession of the Secretary of State relating to the treatment of prisoners and detainees in Iraq, Afghanistan, and Guantanamo Bay [microform] : adverse report, together with dissenting views (to accompany H. Res. 699).” John F. Kennedy School of Government, Harvard University, August 2001. Author: United States. Congress. House. Committee on International Relations. Georgia Tech Catalog. July 22, 2004

This is a government document that covers the detaining and treatment of prisoners being held captive. contributed by HerbyHancock

Article: "U.S. Supreme Court's Decision(June 28, 2004)"
Link: http://www.jenner.com/files/tbl_s69NewsDocumentOrder/FileUpload500/381/03-334_decision_rasul.pdf

This is the Supreme Court's Decision on the case whether the detainment of prisoners was legal in Cuba even if they claimed they did nothing. From Napolean

Article: "Hamdi v. Rumsfeld"
Link: http://www.jenner.com/files/tbl_s69NewsDocumentOrder/FileUpload500/379/03-6696_decision_hamdi.pdf

This is the Supreme Court's Decision on the case of an American born man who was captured fighting for Al Qaeda. From Napolean

Evaluation of Hamdi v. Rumsfeld


Kellman, Barry. April 2000. "Review Essay: Clashing Perspectives on Terrorism", American Journal of International Law: 434-438

This article, pre-9/11, discusses the need to allow the FBI to pursue terrorists without the neccessity of the processes outlined in the Constitution, including one great example, "These terrorist groups consist entirely of human rights violators", which brings up a great point.
Contributed by: Rohan

April 2002. "U.S. Detention of Aliens in Aftermath of September 11 Attacks", American Journal of International Law: 470-475

This article covers what did occur with a wave of arrests after 9/11, and it also covers the powers given by the Patriot Act and how it may "clash" with certain interest groups (ie, Amnesty Intl.) or UN regulations.
Contributed by: Rohan



Title: Outsourcing , By: Beinart, Peter, New Republic, 00286583, 5/31/2004, Vol. 230, Issue 20 Database: Academic Search Premier

This article looks at the issues raised at Abu Ghraib prison and other examples of how the US has dealt with terrorism in since 9/11. “United States hands suspected terrorists over to authoritarian Muslim regimes. American officials say those regimes are better culturally equipped to elicit information from suspected Islamic militants. But there is little doubt that one of their primary "cultural" tools is torture.”
Contributed by Alga
Evaluations of Beinart, Peter

Title: Tribunal halted after judge rules system unlawful Authors: Toni Locy Source: USA Today; 11/09/2004 Database: Academic Search Premier

This article looks at the rights given to prisoners of war and what the US has done to curb these rights.
Contributed by Alga
Evaluations of Locy, Toni

Article: Perine, Keith. "Supreme Court Hands Congress the Lead In Rewriting Terror Suspect Detention Rules." CQ Weekly; 7/3/2004, Vol. 62 Issue 27.

This article is from CQ Weekly and it discusses the detaining of foreign nationals by the US after the 9/11 terrorist attacks.

Contributed by ATZ03

Article: The Washington Post, August 23, 2004 Monday Correction Appended, Final Edition, A Section; A01, 2102 words, Trials Set To Begin For Four at Guantanamo; Process Differs From U.S. Justice System, Scott Higham, Washington Post Staff Writer

This article focuses on the different opinions on what was happening in guantanamo. contributed by AdamSmith

Evaluations of Higham, Scott


Article: The New York Times:Disagreement Over Detainees' Legal Rights Simmers/By NEIL A. LEWIS (NYT) 1019 words
Late Edition - Final , Section A , Page 15 , Column 1

In this article we can find how people disagree that the rigths of a fair trial for prisoners is not fair. contributed by AdamSmith

Evaluation of "Disagreement Over..."


Article: The New York Times. February 1, 2005. By NEIL A. LEWIS. "Judge Extends Legal Rights For Guantanamo Detainees"
Section A; Column 5; National Desk; Pg. 12

This article is about a federal judged in Washington ruled that the detainees in Guntanamo Bay were entitled to federal courts. contributed by AdamSmith

Evaluation of "Judge Extends Legal...": 


Website: http://www.withoutdueprocess.org
I know this isn't the formal creditted reference but this website is about the 120,000 Japanesse who were incarcerated during WWII without due process.
contributed by light_switch

Article: Peter, Chris Mania. 1997. "Incarcerating the Innocent: Preventive Detention in Tanzania" Human Rights Quarterly; Vol. 19 Issue 1, 113-135.
Link: http://gtel.gatech.edu:2241/journals/human_rights_quarterly/v019/19.1peter.html

This is a review that Peter does about Tanzania's law about preventive detention of people who have not been formally charged with a crime. He claims that there is no justification for this and that it should be stopped. - Contributed by light_switch

Evaluations of Peter, Chris Mania


Article: Martinez, Jenny S. 2004. "Jos&eamp; Padilla and the War on Rights," Virginia Quarterly Review; Vol. 80 Issue 4, p56, 12p, 2c.

This article is about Jose Padilla, who was held without trial for two years. And it discusses briefly if the U.S. has the right to do this under the provisions of the Patriot Act (it argues that it is not covered under the new law. contributed by ParrotHead.

evaluations of Martinez, Jenny S.


Article: Priest, Dana. 2005. "Long-Term Plan Sought for Terror Suspects," The Washington Post. website: http://www.truthout.org/docs_05/010305Y.shtml
This is a long article about the present and future plans for dealing with these threatening suspects.
contributed by ParrotHead

Article: Holding, Reynolds. December 19, 2003. "Courts affirm rights of terror suspects Judges reject Bush policies on prisoners in Cuba and U.S.," San Francisco Chronicle, page A-1.

This article basically just gives some examples of times when the president has been forced to make this very decision. I'm not sure exactly how factual this article is, but it can give you ideas about certain cases to further investigate.
contributed by ParrotHead


Web: Cole, David. "No Blank Check." The Nation: July 1, 2004. http://www.thenation.com/doc.mhtml?i=20040719&s=cole [Accessed Jan. 25 2005]
This article tells of what rights the detainees have. It also talks of the disagreement between the courts and the Bush Administration. The administration claims that because it is wartime, the president is above the law. It also talks of the ruling that would allow the government to hold even US Citizens if they are fighting for the enemy against us, as they should.
Contributed by Hondezy
Evaluations for the above resource1

Web: "World Report 2003." Human Rights Watch: http://www.hrw.org/wr2k3/us.html#guantanamo [Accessed Jan. 25 2005]
This Human Rights Watch web article speaks of the conditions that Guantánamo Bay detainees live in. It talks of how the government specifically named the captured non-POW’s so as not to have to give them rights. It talks of how the detainees should have the right to an attorney and a trial.
Contributed by Hondezy
Evaluations for the above resource2

Web: http://gtel.gatech.edu:2141/universe/document?_m=6956998d10aad65881a00476c5a7c777&_docnum=17&wchp=dGLbVtb-zSkVA&_md5=b2476102b091303f626b5f3478171962 [Accessed Jan. 25 2005]
This Washington Dateline article speaks of a detainee held and released. It also draws questions to the interrogation procedures that were used. President Bush is quoted profoundly saying in short, he wants to make sure these people do not show up on the battlefield killing us as they were before.
Contributed by Hondezy
Evaluations for the above resource3

Web: Leonnig, Carol D. "U.S. Stymies Detainee Access Despite Ruling", The Washington Post. October 14, 2004. http://gtel.gatech.edu:2141/universe/document?_m=2802a119b5c8a3a566642404c59a6995&_docnum=42&wchp=dGLbVtz-zSkVb&_md5=46016a5d0a4e5824b2feb1c1bba691a5 [Accessed Jan. 25th 2005]
This article talks of how the government gave the detainees the right to challenge their imprisonment in U.S. courts, but none have appeared.[at that time] It mentions how the US let loose a former detainee and is now believed to be the leader of a militant band that kidnapped two Chinese engineers. Proves what they are doing is worthwhile.
Contributed by Hondezy
Evaluations for the above resource4

Article: Christopher Cooper. 2005. "In Guantanamo Camps, Detainees Languish In Vast Sea of Red Tape; Inmates Awaiting Freedom Are Caught In Uncertainty; Need for Improvisation; A Split Over Interrogation Methods," Asian Wall Street Journal A.1.
This article tells of the conditions in Guantanamo Bay, Cuba at the detention center and tells of the indefinite stay of the detainees.
Contributed by Sal
Evaluations for the above resource

Web: United States Code Service, "TITLE 8. ALIENS AND NATIONALITY " GPO Access August 19, 2004;
http://gtel.gatech.edu:2141/congcomp/document?_m=4430a8cc75d5806ca74ebc7d3a5bc0ff&_docnum=1&wchp=dGLbVzz-zSkSA&_md5=1d3d69609c5d48b48c819b48a85ada10
[Accessed Jan. 27th 2005]
This text gives a clear outline of the numerous reason for which a person may be denied access to the US and requirements for gaining entry.
Contributed by Sal
Evaluations for the above resource


Book: Hersh, Seymour M. 2004. Chain of Command—The Road from 9/11 to Abu Ghraib. New York: HarperCollins Publishers.

This book goes from 9/11 to what Hersh calls “the prison scandals of Abu Ghraib.” While Hersh complains and feels the Bush Administration has “made the world a more dangerous place for America” he brings to discussion some very interesting and crucial topics.
~Contributed by Czechowicz

Evaluations for Chain of Command

Web: “Anti-terror Ruling: Your Reaction.” [webpage] 22 December 2004; http://news.bbc.co.uk/1/hi/talking_point/4101113.stm [Accessed 23 January 2005].

This website displays some of the reactions and comments to the decision in the UK that legislation allowing foreign nationals suspected terrorism to be locked up indefinitely and without trial, contravenes human rights laws.
~Contributed by Czechowicz

Evaluations for Anti-terror Ruling


Web: Office of the High Commissioner for Human Rights: UN. "Geneva Convention relative to the Treatment of Prisoners of War", the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War; Geneva, Switzerland. 12 August 1949
http://www.unhchr.ch/html/menu3/b/91.htm
[Accessed Feb. 14th 2005]
Web: Office of the High Commissioner for Human Rights: UN. "Geneva Convention relative to the Protection of Civilian Persons in Time of War", the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War; Geneva, Switzerland. 12 August 1949
http://www.unhchr.ch/html/menu3/b/92.htm
[Accessed Feb. 14th 2005]

This is the actual products of the Geneva Convention that everyone knows about (the first part pretains to fighters, the second to civilians). It has definitions of what is accepted and not. Article 4 of the first part and Article 3 of the second part pretains to what we deal with.
~Contributed by CollegeDems

Evaluations for Geneva Convention

Article: Haridakis, Paul. 2004. "The War on Terrorism: Military Tribunals and the First Amendment" Communication Law and Policy
9 Comm. L. & Pol'y 317.
http://gtel.gatech.edu:2141/universe/document?_m=11c91b0a8a44ea7642e403c07393e834&_docnum=1&wchp=dGLbVlz-zSkVA&_md5=3150b6ddcc09a45ab2308507eb950aae
[Accessed Feb. 14th 2005]
This is an article by a Kent State University professor. It's an interesting prospective that he takes, saying the way the military tribunals for detaniees not only violates the 6th amendment, but also the first.
Contributed by CollegeDems
Evaluations for 1st amendment violation paper


http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=14733&c=262
This is a great article concerning immigrant's arest rights. It also goes over new harsh and unconstitutional policies of the current administration.
contributed by Vincent
ACLU The Rights of Immigrants - February 19, 2002 - http://www.aclu.org/ImmigrantsRights/ImmigrantsRights.cfm?ID=9361&c=22
This article outlines foriegn nationals' rights and protections under the constitution.
Contributed by Vincent



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