Habeas Corpus: Should It Be Extended To Enemy Combatants

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Writ of Habeas Corpus: Should it be Extended to Enemy Combatants Kristin K. Lilienthal POL 120: American National Government Prof. Stephen Chortanoff February 4, 2013 Writ of Habeas Corpus: Should it be Extended to Enemy Combatants The arguments regarding how to treat suspected terrorist being detained in the war on terror, has become a divisive issue in the United States. Since these individuals are not members of a military organization that identifies with any one country or state, the traditional rules of Prisoners of War (POW) set forth by the Geneva Convention do not apply. The question, does the individuals being held as “enemy combatants” have a right to the protection of Habeas Corpus provided by the United States…show more content…
Rumsfeld the Supreme Court addressed the issue of citizens being held as enemy combatant, and being denied Habeas Corpus. The court ruled that a citizen being held as an enemy combatant is entitled to due process and an opportunity to contest the facts of his detention (James, 2005). James agreed that the court had correctly reasoned that the President did have the authority to detain both citizens and non citizens indefinitely as enemy combatants, after it has been established that the individual is actually an enemy combatant. However, he feels that the opinion did not go far enough in defining the term enemy combatant, and will not be adequate in instructing the lower courts in future cases (James,…show more content…
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