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What is the basic principle derived from the law of war regarding unprivileged enemy belligerents?
What is the basic principle derived from the law of war regarding unprivileged enemy belligerents?
What did the plurality opinion in Hamdi v. Rumsfeld state regarding indefinite detention for the purpose of interrogation?
What did the plurality opinion in Hamdi v. Rumsfeld state regarding indefinite detention for the purpose of interrogation?
Who has the authority to determine when hostilities have ceased?
Who has the authority to determine when hostilities have ceased?
What did President Obama issue on March 7, 2011, as mentioned in the text?
What did President Obama issue on March 7, 2011, as mentioned in the text?
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What did President Obama's order, enacted into law by the NDAA, §1023, authorize?
What did President Obama's order, enacted into law by the NDAA, §1023, authorize?
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What did President Obama's administration state regarding indefinite military detention without trial of American citizens?
What did President Obama's administration state regarding indefinite military detention without trial of American citizens?
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What was President Trump's stance on further releases from Guantanamo Bay?
What was President Trump's stance on further releases from Guantanamo Bay?
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What did 11 detainees who have been held at Guantanamo without charge or trial file for in February 2018?
What did 11 detainees who have been held at Guantanamo without charge or trial file for in February 2018?
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What did Bush's memorandum on the treatment of Taliban and Al-Qaeda detainees state regarding the Geneva Conventions?
What did Bush's memorandum on the treatment of Taliban and Al-Qaeda detainees state regarding the Geneva Conventions?
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What did the Supreme Court rely on in part in Hamdan v Rumsfeld, 587 US 557 (2006) in finding the military commission procedures were not legal?
What did the Supreme Court rely on in part in Hamdan v Rumsfeld, 587 US 557 (2006) in finding the military commission procedures were not legal?
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What did the Office of Legal Counsel (OCL) in the Department of Justice offer a legal justification for in the infamous torture memos?
What did the Office of Legal Counsel (OCL) in the Department of Justice offer a legal justification for in the infamous torture memos?
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What did the Office of Professional Responsibility in the Department of Justice conclude about John Yoo, who wrote the 'torture memos'?
What did the Office of Professional Responsibility in the Department of Justice conclude about John Yoo, who wrote the 'torture memos'?
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When did the CIA stop waterboarding?
When did the CIA stop waterboarding?
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What did the crime of torture consist of according to the text?
What did the crime of torture consist of according to the text?
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Study Notes
Unprivileged Enemy Belligerents
- Unprivileged enemy belligerents are individuals who engage in hostilities without being members of a regular military force.
Indefinite Detention
- The plurality opinion in Hamdi v. Rumsfeld stated that indefinite detention for the purpose of interrogation is permissible only if the detainee is an "enemy combatant."
Cessation of Hostilities
- The authority to determine when hostilities have ceased rests with the political branches of government, specifically the executive branch (President) and the legislative branch (Congress).
President Obama's Executive Order
- President Obama issued an Executive Order on March 7, 2011, outlining a new approach to detention and transfer of detainees held at Guantanamo Bay.
NDAA §1023
- The NDAA § 1 023 authorized President Obama's order, which allowed for the transfer of detainees to other countries if certain conditions were met.
Indefinite Military Detention
- The Obama administration, in response to lawsuits, stated that indefinite military detention without trial of American citizens is unconstitutional.
President Trump's Stance on Guantanamo Bay Detainees
- President Trump expressed opposition to further releases from Guantanamo Bay, prioritizing security concerns over potential transfers.
Guantanamo Bay Detainees File for Habeas Corpus
- Eleven detainees held at Guantanamo Bay without charge or trial filed for habeas corpus in February 2018, seeking judicial review of their detention.
Bush's Memorandum on Detainee Treatment
- Bush's memorandum on the treatment of Taliban and Al-Qaeda detainees stated that the Geneva Conventions did not apply to them, as these individuals were not considered "lawful combatants."
Hamdan v. Rumsfeld
- The Supreme Court in Hamdan v. Rumsfeld relied on the Uniform Code of Military Justice (UCMJ) and customary international law to find the military commission procedures in place at the time were not legal.
Office of Legal Counsel (OLC) and Torture Memos
- The Office of Legal Counsel (OLC) in the Department of Justice offered a legal justification for the use of torture techniques under President Bush's administration, as outlined in the 'torture memos.'
John Yoo and Torture Memos
- The Office of Professional Responsibility in the Department of Justice concluded that John Yoo, who wrote the 'torture memos,' had committed professional misconduct for his role in drafting them.
CIA Waterboarding
- The CIA stopped waterboarding in 2009 after President Obama's directive.
Definition of Torture
- The crime of torture, as defined in the text, consists of inflicting severe physical or mental pain or suffering on another person, intentionally, for a specific purpose, such as obtaining information or a confession from them.
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Description
Test your knowledge of international law and human rights with this quiz on indefinite detention, forced feeding, and torture. Explore the legal principles and issues surrounding detainee rights and treatment in times of conflict.