TITLE

FROM NADIR TO ZENITH: THE POWER TO DETAIN IN WAR

AUTHOR(S)
FORD, CHRISTOPHER M.
PUB. DATE
March 2011
SOURCE
Military Law Review;Spring 2011, Vol. 207, p203
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the Supplemental Authorization Act (SAA) of 2009, which prohibited funds from being used to transfer or release an individual detained at Naval Station, Guantanamo Bay, Cuba. It argues that the U.S. President possesses inherent power to detain based on the location of detention, and the nature of detention. It explores the Customary International Law (CIL) and treaty laws to detain individuals during the conduct of armed conflict. The Authorization for the Use of Military Force (AUMF), the Detainee Treatment Act, and the Military Commissions Act do not direct, prescribe or regulate the President's authority to detain.
ACCESSION #
67744677

 

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