States thought that Yaser Esam Hamdi was part of a terrorist group also viewed as "an enemy combatant". After the U.S government found out that Yaser was actually an American citizen they transferred him to an American prison in Charleston South Carolina where Yaser was kept in solitary confinement where he had no right to attorney even though he was a United States citizen because again he was seen as an "enemy combatant" and he had no right to an attorney. Yaser’s father believed other wise. In June
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is unethical or a cruel and unusual punishment. People have been taught to believe that torturing a person is unacceptable and inhumane. However‚ the torturing of an enemy to get answers is not considered cruel and inhumane especially‚ when it involves saving the lives of many. This paper will analyze whether torturing enemy combatants or high-value targets violates standards of morality in an American free society. It will also examine whether the act of torture violates basic human rights and if
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or injured in any way‚ nor will we enter on him or send against him except by the lawful judgment of his peers‚ or by the law of the land" (Magna Carta‚ 1215). Several debates have risen due to: the war on terrors approach to the treatment of the combatants and judicial review based off of intense emotions. Habeas corpus is a writ that is used to bring a party who has been criminally convicted in state court into federal court (http://www.law.cornell.edu/wex/habeas_corpus). Usually‚ writs of habeas
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Writ of Habeas Corpus POL 201 September 24‚ 2012 Writ of Habeas Corpus Habeas Corpus demands a court to a jailer to produce the prisoner and announce the charges (Levin-Waldman‚ 2012). Habeas Corpus is an ancient common law that applies to all Americans and anybody in the United States at the time of their arrest. It is a legal procedure that requires a person to be brought in front after the have been arrested/ taken into custody. This is done so that the government to show cause to why
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to national threats. We will analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror‚ while explaining the U.S. Supreme Court ’s interpretation of the right of habeas corpus with respect to enemy combatants or illegal combatants. The Habeas Corpus’ history is ancient. Predominately of Anglo-Saxon common law origin‚ it precedes the Magna Carta of 1215. The practice surrounding the writ has evolved‚ Habeas Corpus from its earliest forms have been compelled
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Furthermore‚ the military order denied detainees the right to a speedy trial and habeas corpus. Although the Supreme Court found this move was unconstitutional‚ it exemplifies the current scenario‚ in the US‚ with regard to persons termed as enemy combatants or illegal combatants. Habeas corpus is quite relevant in the current war against terror since it provides a basis for the denial of persons involved in terrorist activities or those facilitating such activities‚ especially on American soil (Wert‚
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regard to combatants and non-combatants in war is a hotly-debated topic that no one ever agrees upon. The uncertain morality of the issue
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The Conduct of War The tensions between the United States and Canada have been extremely high‚ since the accusations started by both countries of sending terrorists into eachs countries oil production facilities. On June 2017 after mysterious explosions and fired destroyed the North Dakota town of Willistin‚ the united states‚ claiming self defense‚ declared war on Canada. The European union negotiated a truce but irritated Canadian civilians are now waging guerilla warfare in hopes of restarting
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fighting the war on terror‚ the brutality of this conflict has‚ unfortunately‚ ranked this war amongst the most vicious wars fought by U.S. troops in recent history (“U.S. and Coalition‚” 2012). Not unlike other conventional wars‚ the collection of enemy combatants and the subsequent gathering of intelligence acquired through detention and interrogation plays a key role in ensuring the safety of our troops on the battlefield and in the case of the war on terror‚ the average American citizen living their
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or Invasion the public Safety may require it." There has been ample scrutiny of law because of the operation of GITMO in past years. As citizens of the United States‚ were these people given their rights‚ or was this just a justified action of enemy combatant? Habeas Corpus is a law‚ stated in the Constitution‚ which gives the right to any person arrested‚ to be tried for their crime. The must be brought before a judge and given a fair trial for the crime in which they were charged with. The writ
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