11 April 2012

Detention of US Persons as Enemy Belligerents

This report discusses the status and detention of US persons as prisoners of war. It provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of US practices during wartime to detain persons deemed dangerous to the national security is discussed. The author concludes by discussing Congress’s role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of these affected persons.

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