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Article: United States abandons detention based on designation as enemy combatant but maintains right to detain persons giving substantial support to terrorism.
- Article from:
- American Journal of International Law
- Article date:
- April 1, 2009
- Author:
CopyrightCOPYRIGHT 2009 American Society of International Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In a March 2009 filing in about forty habeas corpus cases in U.S. District Court for the District of Columbia, the U.S. Department of Justice indicated that the United States would no longer characterize detained Al Qaeda or Taliban members or supporters as enemy combatants. The government contended, however, that it had the right to detain persons who provided substantial support for Al Qaeda and the Taliban without criminal charges, based on the congressional Authorization for the Use of Military Force (1) (AUMF) as informed by the laws of war. The filing did not repeat the previous administration's view that the power to detain also independently flowed from the ...