Enemy combatant

classification in court and even if those individual enemy combatants had such right’s, a written statement from the administration explaining the reasons for detention would be enough evidence for the administration to support the label as an enemy combatant for those individual’s. The argument Hamdi’s attorney Frank Dunham presented stated the following: That Hamdi was not correctly classified an enemy combatant. Congress had not authorized the indefinite detention of citizens. In this case…

conventional boundaries of war are ignored. In particular this focuses on the targeting of enemy non-combatants in order to break the will of the enemy. The clearest example of this characteristic being demonstrated by the British Empire can be seen in the utilization of strategic bombings. Strategic bombings were conducted by all of the major combatants during the war. These bombings were carried out deep within enemy territory. Their role as stated by Tilford was, “the purpose of striking at…

and MOVE members as well as the events and conflicts that transpired between the two groups. During the police testimonies, three contradictions arise in the police’s framing and use of violence. The policemen’s perceptions of MOVE members as enemy combatants allowed the contradictions in the minds of the police and in their rhetoric to exist and allowed the police to wield and use the weapons that produced the catastrophic damage to Osage Avenue on May 13th, 1985. In the framing and the use of…

collateral damage is his emphasis upon the violation of the rights of innocent individuals—a foreseeable consequence, for Rodin, of conducting drone strikes in such a way is that it could potentially impede upon the liberty of an innocent civilian/ non-combatant. It is important to emphasize that this particular case is different from the conventional case, in that the idea is not that you are going to target somebody guilty and might have some foreseeable consequences (of harming innocents),…

active-duty Army soldier, he was assigned to an infantry division and had been deployed to Iraq twice. Also while in Iraq, he witnessed the gruesome death of a fellow soldier at the hands of an enemy combatant. The facts of his case also state that he was part of a unit that went door to door to find enemy combatants, and Mr. Wertz unit experienced daily mortar attacks. Moreover, when he returned home, he reported having nightmares about his combat experiences. These…

In most Supreme Court cases, the majority opinion usually sets the precedence for future cases and the concurrence has little to do with precedence. However, in Youngstown Sheet & Tube Co. v. Sawyer Justice Jackson’s concurrence creates a three-tiered system for contested Presidential acts. Each tier gives the Court a reasonable idea how to determine whether or not the President’s act was constitutional or not. The first tier is the President’s highest amount of power. It combines his actions…

long-term damage that extends beyond the period of conflict (Green, 1993, p. 123). By killing innocent civilians, the engaging country creates emotional, fiscal, and physical problems to the enemy country for many years following the war. It is a leader’s responsibility to limit the long-lasting damage to their enemy to create better political success in the future. A bombing of an Israeli bus does not justify the massacre of innocent civilian lives in Gaza. Terrorist groups must be treated as…

are principal elements of the war because in wartime people are divide in combatants and noncombatants, and in order to limit the effects of armed conflict different category of noncombatants require different obligation of combatants but unfortunately there exist no war without casualties. The outbreaks of hostilities are regulated by the principle of differentiation of combatants and noncombatants. Walzer view combatants as persons trained to fight, armed with weapons, and required to fight…

to be followed by the combatants during the war. The theory is very controversial and has invited a lot of criticism and debate. Despite the controversies, the theory was formulated to impose restrictions and rules on all parties involved in war on equal grounds. The theory has its weaknesses and strengths as discussed below. Strengths: The greatest strength of the just war theory is that it protects the right to life of innocent people such as civilians and the non-combatant population from…

In this new period of terrorism the problem of labeling the enemy comes into play when governmental bodies need to create counterterrorism policies. The labeling issue is typically faced with a challenge that is dependent on how a suspect’s status is classified. The methods in which classifications are applied to suspected terrorists can be a conflict-ridden issue. Martin (2014) points out that during the war on terrorism classifications of suspects “is a central legal, political, and security…