Battle of Qala-I-Jangi
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ESAM FOUAD HAMDI, As Next Friend of Yaser Esam Hamdi, Petitioners
No. 03-_____ IN THE SUPREME COURT OF THE UNITED STATES YASER ESAM HAMDI; ESAM FOUAD HAMDI, as next friend of Yaser Esam Hamdi, Petitioners, v. DONALD RUMSFELD; W. R. PAULETTE, Commander, Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit PETITION FOR WRIT OF CERTIORARI FRANK W. DUNHAM, JR. Federal Public Defender Eastern District of Virginia Counsel of Record GEREMY C. KAMENS Assistant Federal Public Defender Office of the Federal Public Defender Eastern District of Virginia 1650 King Street, Suite 500 Alexandria, VA 22314 (703) 600-0800 QUESTIONS PRESENTED 1. Does the Constitution permit Executive officials to detain an American citizen indefinitely in military custody in the United States, hold him essentially incommunicado and deny him access to counsel, with no opportunity to question the factual basis for his detention before any impartial tribunal, on the sole ground that he was seized abroad in a theater of the War on Terrorism and declared by the Executive to be an “enemy combatant”? 2. Is the indefinite detention of an American citizen seized abroad but held in the United States solely on the assertion of Executive officials that he is an “enemy combatant” permissible under applicable congressional statutes and treaty provisions? 3. In a habeas corpus proceeding challenging the indefinite detention of an American citizen seized abroad, detained in the United States, and declared by Executive officials to be an “enemy combatant,” does the separation of powers doctrine preclude a federal court from following ordinary statutory procedures and conducting an inquiry into the factual basis for the Executive branch’s asserted justification of the detention? i LIST OF PARTIES Pursuant to Rule 14.1(b), the following list represents all of the parties before the United States Court of Appeals for the Fourth Circuit: Yaser Esam Hamdi and Esam Fouad Hamdi, as next friend, were the appellees below. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION Vol. 158 WASHINGTON, WEDNESDAY, NOVEMBER 28, 2012 No. 150 Senate The Senate met at 10 a.m. and was BRAND, a Senator from the State of New leader gave his maiden speech on the called to order by the Honorable York, to perform the duties of the Chair. Senate floor. His first floor speech here KIRSTEN E. GILLIBRAND, a Senator from DANIEL K. INOUYE, in the Senate was about the challenges the State of New York. President pro tempore. faced each day—even in this the richest Mrs. GILLIBRAND thereupon assumed of nations—by people just like Robert PRAYER the chair as Acting President pro tem- Dole, people with disabilities. That is The Chaplain, Dr. Barry C. Black, of- pore. what he spoke about. He described the fered the following prayer: f discrimination disabled Americans Let us pray. faced as ‘‘maybe not exclusion from the RECOGNITION OF THE MAJORITY front of the bus, but perhaps from even Father of all, out of the noisy world, LEADER we come to this quiet place of prayer. climbing aboard it.’’ We depend on Your goodness, Your The ACTING PRESIDENT pro tem- Over the next 27 years of his Senate mercy and grace. pore. The majority leader is recog- career, including 11 years as majority As our lawmakers face the challenges nized. leader, and throughout his years in the of their calling, inspire them to have a f private sector, Bob Dole would remain mature faith in Your providential lead- a vocal advocate for Americans with ing. -
Guantanamo and Citizenship: an Unjust Ticket Home
Case Western Reserve Journal of International Law Volume 37 Issue 2 Article 19 2006 Guantanamo and Citizenship: An Unjust Ticket Home Rory T. Hood Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Rory T. Hood, Guantanamo and Citizenship: An Unjust Ticket Home, 37 Case W. Res. J. Int'l L. 555 (2006) Available at: https://scholarlycommons.law.case.edu/jil/vol37/iss2/19 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. GUANTANAMO AND CITIZENSHIP: AN UNJUST TICKET HOME? Rory T. Hood t "Trying to get Uganda to take an interest is pretty difficult; [JamalAbdul- lah Kiyemba has] been here since he was 14. 1 am asking the [Foreign Of- fice] whether they will allow him to apply for citizenship from Guan- tanamo Bay. If you are out of the countryfor more than two years, it can be counted against you. He probably has now been-but not of his own free will.' -Louise Christian - Atty. representing Jamal Abdullah Kiyemba I. INTRODUCTION Jamal Abdullah Kiyemba, Bisher al-Rawi, Jamil al-Banna, Shaker Abdur-Raheem Aamer, and Omar Deghayes are currently in the custody of the United States government at Guantanamo Bay, Cuba.2 A citizen of Uganda, an Iraqi exile, a Jordanian refugee, a Saudi citizen, and a Libyan exile, respectively, these men form an unlikely group; yet, each share one common trait. -
Kenyan Somali Islamist Radicalisation
Policy Briefing Africa Briefing N°85 Nairobi/Brussels, 25 January 2012 Kenyan Somali Islamist Radicalisation tant government positions. The coalition government has I. OVERVIEW created a ministry to spearhead development in the region. A modest affirmative action policy is opening opportuni- Somalia’s growing Islamist radicalism is spilling over in- ties in higher education and state employment. To most to Kenya. The militant Al-Shabaab movement has built a Somalis this is improvement, if halting, over past neglect. cross-border presence and a clandestine support network But the deployment of troops to Somalia may jeopardise among Muslim populations in the north east and Nairobi much of this modest progress. Al-Shabaab or sympathisers and on the coast, and is trying to radicalise and recruit have launched small but deadly attacks against government youth from these communities, often capitalising on long- and civilian targets in the province; there is credible fear a standing grievances against the central state. This prob- larger terror attack may be tried elsewhere to undermine lem could grow more severe with the October 2011 deci- Kenyan resolve and trigger a security crackdown that could sion by the Kenyan government to intervene directly in drive more Somalis, and perhaps other Muslims, into the Somalia. Radicalisation is a grave threat to Kenya’s securi- movement’s arms. Accordingly, the government should: ty and stability. Formulating and executing sound counter- radicalisation and de-radicalisation policies before it is too recognise that a blanket or draconian crackdown on late must be a priority. It would be a profound mistake, Kenyan Somalis, or Kenyan Muslims in general, would however, to view the challenge solely through a counter- radicalise more individuals and add to the threat of terrorism lens. -
Kenyan Somali Islamist Radicalisation
Policy Briefing Africa Briefing N°85 Nairobi/Brussels, 25 January 2012 Kenyan Somali Islamist Radicalisation tant government positions. The coalition government has I. OVERVIEW created a ministry to spearhead development in the region. A modest affirmative action policy is opening opportuni- Somalia’s growing Islamist radicalism is spilling over in- ties in higher education and state employment. To most to Kenya. The militant Al-Shabaab movement has built a Somalis this is improvement, if halting, over past neglect. cross-border presence and a clandestine support network But the deployment of troops to Somalia may jeopardise among Muslim populations in the north east and Nairobi much of this modest progress. Al-Shabaab or sympathisers and on the coast, and is trying to radicalise and recruit have launched small but deadly attacks against government youth from these communities, often capitalising on long- and civilian targets in the province; there is credible fear a standing grievances against the central state. This prob- larger terror attack may be tried elsewhere to undermine lem could grow more severe with the October 2011 deci- Kenyan resolve and trigger a security crackdown that could sion by the Kenyan government to intervene directly in drive more Somalis, and perhaps other Muslims, into the Somalia. Radicalisation is a grave threat to Kenya’s securi- movement’s arms. Accordingly, the government should: ty and stability. Formulating and executing sound counter- radicalisation and de-radicalisation policies before it is too recognise that a blanket or draconian crackdown on late must be a priority. It would be a profound mistake, Kenyan Somalis, or Kenyan Muslims in general, would however, to view the challenge solely through a counter- radicalise more individuals and add to the threat of terrorism lens. -
Explaining Blackwater's Unparalleled Record of Violence in Iraq
Wheeled Warriors: Explaining Blackwater’s Unparalleled Record of Violence in Iraq by Scott Fitzsimmons Department of Political Science University of British Columbia [email protected] On September 16, 2007, employees of Blackwater, a private security company tasked with protecting U.S. State Department personnel in Iraq, opened fire on pedestrians and motorists in Baghdad’s bustling Nisour Square. This brief but ferocious use of violence against unarmed Iraqi civilians, which came to be known as the “Nisour Square incident,” left 17 civilians dead and two dozen wounded.1 This event was one of the most violent and widely reported on incidents involving Blackwater’s personnel, but it was emblematic of their unparalleled record of violent actions during the Iraq War. In fact, the firm’s personnel fired their weapons during at least 323 incidents in Iraq between January 1, 2005, and December 31, 2007, for an average of two shooting incidents per week. Moreover, despite operating during the same period, performing the same tasks, for the same clients, and facing the same threats in the same general environment, Blackwater’s personnel killed and seriously injured far more people than their counterparts in DynCorp, one of the other major private security companies that provided protective services for the U.S. State Department during this period of the Iraq War. Stunningly, while Blackwater’s personnel inflicted at least 62 deaths and 86 serious injuries during this 1 Blackwater changed its name to Xe in 2009 and to Academi in 2011. However, since the firm is almost invariably referred to by its original name, this study will, whenever possible, do the same. -
The Human Conveyor Belt : Trends in Human Trafficking and Smuggling in Post-Revolution Libya
The Human Conveyor Belt : trends in human trafficking and smuggling in post-revolution Libya March 2017 A NETWORK TO COUNTER NETWORKS The Human Conveyor Belt : trends in human trafficking and smuggling in post-revolution Libya Mark Micallef March 2017 Cover image: © Robert Young Pelton © 2017 Global Initiative against Transnational Organized Crime. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without permission in writing from the Global Initiative. Please direct inquiries to: The Global Initiative against Transnational Organized Crime WMO Building, 2nd Floor 7bis, Avenue de la Paix CH-1211 Geneva 1 Switzerland www.GlobalInitiative.net Acknowledgments This report was authored by Mark Micallef for the Global Initiative, edited by Tuesday Reitano and Laura Adal. Graphics and layout were prepared by Sharon Wilson at Emerge Creative. Editorial support was provided by Iris Oustinoff. Both the monitoring and the fieldwork supporting this document would not have been possible without a group of Libyan collaborators who we cannot name for their security, but to whom we would like to offer the most profound thanks. The author is also thankful for comments and feedback from MENA researcher Jalal Harchaoui. The research for this report was carried out in collaboration with Migrant Report and made possible with funding provided by the Ministry of Foreign Affairs of Norway, and benefitted from synergies with projects undertaken by the Global Initiative in partnership with the Institute for Security Studies and the Hanns Seidel Foundation, the United Nations University, and the UK Department for International Development. About the Author Mark Micallef is an investigative journalist and researcher specialised on human smuggling and trafficking. -
Private Security Contractors in the War on Terrorism: Men of Honor Or Dogs of War?
PRIVATE SECURITY CONTRACTORS IN THE WAR ON TERRORISM: MEN OF HONOR OR DOGS OF WAR? A Thesis Submitted to the Faculty of The School of Continuing Studies And of The Graduate School of Arts and Sciences In partial fulfillment of the requirements for the Degree of Master of Arts In Social and Public Policy By Joseph W. Boler, B.A. Georgetown University Washington, D.C. 15 April 2010 Copyright 2010 by Joseph W. Boler All Rights Reserved ii PRIVATE SECURITY CONTRACTORS IN THE WAR ON TERRORISM: MEN OF HONOR OR DOGS OF WAR? Joseph W. Boler, B.A. Mentor: Professor R. Nicholas Palarino, Ph.D. ABSTRACT The end of the Cold War and ascendance of Globalization were the catalysts that allowed the transformation of mercenaries into Private Security Corporations (PSCs). This transformation of lone rogue warriors into legitimate corporations specializing in the market of force would have a dramatic and long lasting effect on modern warfare. PSCs, being an integral part of the legitimate use of force by sovereign states, must have mechanisms in place to ensure moral and ethic safeguards, and adherence to international law. Likewise, the Global War on Terrorism ushered in a new era of reliance on PSCs to bridge the security gaps created by a smaller military force being stretched too thin. PSCs were the logical stop gap solution. While they were awarded lucrative contracts, iii little thought was given to oversight of actions by PSCs and their employees. This failure and the lack of legislative or executive branch regulation in a dynamic situation has been much more reactive than proactive, and created a “Wild West” perception that the government has taken remedial steps to correct. -
A Classic Case of Deception (Antonio J. Mendez)
CIA Goes Hollywood A Classic Case of Deception Antonio J. Mendez Background: Exf""tltration and and disguise, cover legends and sup- 1 the CIA porung. d ata, " poe k et 1·ttter, " an d so forth is fuhdamental deception trade When briefing the CIA's Directorate craft in cl4ndestine operations. of Operations (DO) or other compo Personal documentation and disguise nents of the Intelligence Community specialists! graphic artists, and other (IC) about the Office ofTechnical graphics specialists spend hundreds of Services' (OTS) exfiltration capabil hours preparing the materials, tailor ity, I always made a point to remind ing the co;ver legends, and them that "readiness" is the key. coordinating the plan. This is one of the full-time concerns ' The operational of my former OTS office, the Graph Infiltratin'g and exfiltrating people ics and Authentication Division into and but of hostile areas are the involvement'' of GAD (GAD). most perilous applications of this officers in the tradecrafi. The mental attitude and In arranging for the escape of refu demeanof of the subject is as impor exf"tltration from Iran gees and other people of potential tant as th~ technical accuracy of the of six US Department intelligence value who are subject to tradecrafi items. Sometimes, techni political persecution and hostile pur cal operations officers actually lead of State personnel suit, prior planning is not always the escap~es through the checkpoints on 28January 1980 possible because they show up at odd to ensure/ that their confidence does hours in out-of-the-way places. Cur not falter~ at the crucial moment. -
Black Letter Abuse: the US Legal Response to Torture Since 9/11 James Ross* James Ross Is Legal and Policy Director at Human Rights Watch, New York
Volume 89 Number 867 September 2007 Black letter abuse: the US legal response to torture since 9/11 James Ross* James Ross is Legal and Policy Director at Human Rights Watch, New York. Abstract The use of torture by the US armed forces and the CIA was not limited to ‘‘a few bad apples’’ at Abu Ghraib but encompassed a broader range of practices, including rendition to third countries and secret ‘‘black sites’’, that the US administration deemed permissible under US and international law. This article explores the various legal avenues pursued by the administration to justify and maintain its coercive interrogation programme, and the response by Congress and the courts. Much of the public debate concerned defining and redefining torture and cruel, inhuman and degrading treatment. While US laws defining torture have moved closer to international standards, they have also effectively shut out those seeking redress for mistreatment from bringing their cases before the courts and protect those responsible from prosecution. I. Introduction: revelations of torture Allegations of torture by US personnel in the ‘‘global war on terror’’ only gained notoriety after photographs from Abu Ghraib prison in Iraq were broadcast on US television in April 2004. Prior to the mass dissemination of these disturbing images, reports in the media and in the publications of human rights organizations of torture and other mistreatment generated little public attention and evidently rang few alarm bells in the Pentagon (Department of Defense). Words did not * Thanks to Nicolette Boehland of Human Rights Watch for her assistance in preparing this article. 561 J. -
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[Type the company name] 1 [Type the document title] T HE S O M A L I I NSURGENCY THE GROWING THREAT O F TERROR’S RESURGENC E Master of Arts in Law and Diplomacy Capstone Project Submitted by Joshua Meservey May 2013 © 2013 Joshua Meservey http://fletcher.tufts.edu Josh Meservey 2 EXECUTIVE SUMMARY 3 A BRIEF HISTORY 6 COLONIZATION 7 DEMOCRACY, DICTATORSHIP, DISINTEGRATION 10 THE ROOTS OF AL-SHABAAB 13 TERRORISM TRIUMPHANT 15 STIRRINGS OF HOPE 16 THE KIDS AREN’T ALRIGHT: AN ANALYSIS OF HARAKAT AL-SHABAAB AL- MUJAHIDEEN 18 IDEOLOGY AND STRUCTURE 18 TRANSNATIONAL TERRORIST LINKS 19 FUNDING 20 RECRUITMENT 27 REASONS FOR AL-SHABAAB’S LOSSES 42 SELF-INFLICTED WOUNDS 42 INTERNATIONAL EFFORTS 54 AL-SHABAAB’S RETURN TO INSURGENCY: HOP LIKE A FLEA 61 “DO YOU REALLY THINK THEY CAN CONTINUE LIKE THAT FOREVER?” 62 SOLUTION: COUNTERINSURGENCY 67 WIN THE PEOPLE 67 GEOGRAPHY, CULTURE, AND HISTORY 71 A COUNTERINSURGENCY REPORT CARD 89 TOO MANY MISTAKES 89 PLANNING: TOO LITTLE, TOO LATE 89 TRAINING: “SHOOT AND DUCK” 92 GOVERNMENT LEGITIMACY: “LEGITIMACY-DEFICIT”? 94 SECURITY: “IT IS HARD NOT TO WORRY” 97 COALITION POLITICS: WITH FRIENDS LIKE THESE 100 TREATMENT OF CIVILIANS: DO NO HARM 104 WHO IS WINNING? 108 THE WAY FORWARD 111 FOR THE SOMALI FEDERAL GOVERNMENT 111 FOR AMISOM AND ETHIOPIA 124 FOR THE UNITED STATES 130 CONCLUSION: DANGEROUS TIMES 139 ADDENDUM: THE WESTGATE MALL ATTACK 141 WORKS CITED 145 Josh Meservey 3 Executive Summary Al-Shabaab’s current fortunes appear bleak. It has been pushed from all of its major strongholds by a robust international effort, and its violent Salafism has alienated many Somalis. -
YASER ESAM HAMDI and ESAM FOUAD HAMDI, AS NEXT FRIEND of YASER ESAM HAMDI, PETITIONERS V
Christie-Urofsky, Law & Public Policy 429 YASER ESAM HAMDI AND ESAM FOUAD HAMDI, AS NEXT FRIEND OF YASER ESAM HAMDI, PETITIONERS v. DONALD H. RUMSFELD, SECRETARY OF DEFENSE, ET AL. No. 03-6696 SUPREME COURT OF THE UNITED STATES 124 S. Ct. 2633 April 28, 2004, Argued June 28, 2004, Decided SYLLABUS: After Congress passed a resolution -- the Authorization for Use of Military Force (AUMF) -- empowering the President to "use all necessary and appropriate force" against "nations, organizations, or persons" that he determines "planned, authorized, committed, or aided" in the September 11, 2001, al Qaeda terrorist attacks, the President ordered the Armed Forces to Afghanistan to subdue al Qaeda and quell the supporting Taliban regime. Petitioner Hamdi, an American citizen whom the Government has classified as an "enemy combatant" for allegedly taking up arms with the Taliban during the conflict, was captured in Afghanistan and presently is detained at a naval brig in Charleston, S. C. Hamdi's father filed this habeas petition on his behalf under 28 U.S.C. § 2241, alleging, among other things, that the Government holds his son in violation of the Fifth and Fourteenth Amendments. Although the petition did not elaborate on the factual circumstances of Hamdi's capture and detention, his father has asserted in other documents in the record that Hamdi went to Afghanistan to do "relief work" less than two months before September 11 and could not have received military training. The Government attached to its response to the petition a declaration from Michael Mobbs (Mobbs Declaration), a Defense Department official. The Mobbs Declaration alleges various details regarding Hamdi's trip to Afghanistan, his affiliation there with a Taliban unit during a time when the Taliban was battling U.