International Law and Human Rights Quiz
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Questions and Answers

What is the basic principle derived from the law of war regarding unprivileged enemy belligerents?

  • They should be released at the end of hostilities if not charged with a crime or tried (correct)
  • They should be held past the end of hostilities if captured and convicted
  • They should be detained indefinitely for the purpose of interrogation
  • They should be prevented from returning to hostilities by any means necessary
  • What did the plurality opinion in Hamdi v. Rumsfeld state regarding indefinite detention for the purpose of interrogation?

  • It is permissible under certain circumstances
  • It is necessary for national security
  • It is not authorized (correct)
  • It is subject to the decision of the President
  • Who has the authority to determine when hostilities have ceased?

  • The United Nations
  • The Congress
  • The District of Columbia Circuit Court of Appeals
  • The President (correct)
  • What did President Obama issue on March 7, 2011, as mentioned in the text?

    <p>E.O. (Executive Order)</p> Signup and view all the answers

    What did President Obama's order, enacted into law by the NDAA, §1023, authorize?

    <p>Charging and trying detainees even if the standard for detention is met</p> Signup and view all the answers

    What did President Obama's administration state regarding indefinite military detention without trial of American citizens?

    <p>It would not be authorized under any circumstances</p> Signup and view all the answers

    What was President Trump's stance on further releases from Guantanamo Bay?

    <p>There should be no further releases from Guantanamo Bay</p> Signup and view all the answers

    What did 11 detainees who have been held at Guantanamo without charge or trial file for in February 2018?

    <p>A writ of habeas corpus</p> Signup and view all the answers

    What did Bush's memorandum on the treatment of Taliban and Al-Qaeda detainees state regarding the Geneva Conventions?

    <p>It stated that the Geneva Conventions did not apply to al-Qaeda or Taliban captives</p> Signup and view all the answers

    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?

    <p>The Geneva Conventions</p> Signup and view all the answers

    What did the Office of Legal Counsel (OCL) in the Department of Justice offer a legal justification for in the infamous torture memos?

    <p>Enhanced interrogation techniques</p> Signup and view all the answers

    What did the Office of Professional Responsibility in the Department of Justice conclude about John Yoo, who wrote the 'torture memos'?

    <p>He committed intentional professional misconduct</p> Signup and view all the answers

    When did the CIA stop waterboarding?

    <p>In 2003</p> Signup and view all the answers

    What did the crime of torture consist of according to the text?

    <p>Infliction of severe physical or mental pain or suffering for any reason</p> Signup and view all the answers

    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.
    • 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.

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