Enemy Aliens
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Executive Detention
NYSBA REPORT ON EXECUTIVE DETENTION, HABEAS CORPUS AND THE MILITARY COMMISSIONS ACT OF 2006 NEW YORK STATE BAR ASSOCIATION’S COMMITTEE ON CIVIL RIGHTS MAY 2008 TABLE OF CONTENTS Page INTRODUCTION AND SUMMARY.............................................................................. 1 A. The Guantanamo Detainees....................................................................... 2 B. Report Summary ........................................................................................ 7 I. HISTORY OF HABEAS CORPUS..................................................................... 12 A. The Origins of Habeas Corpus: England ................................................. 12 B. Extra-Territorial Application of Habeas Corpus at Common Law.......... 15 C. Early American Habeas Law ................................................................... 17 D. Early American Extension of Habeas Corpus to Aliens and Alien Enemy Combatants .................................................................................. 20 E. American Suspension of Habeas Corpus................................................. 23 F. World War II and the Extension of Habeas Corpus to Enemy Aliens ....................................................................................................... 28 G. Relevant Post-World War II Habeas Developments ............................... 33 H. Adequate and Effective Habeas Substitute.............................................. 37 II. LAWS OF WAR REGARDING ENEMY COMBATANTS PRE- SEPTEMBER 11TH ........................................................................................... -
Iom'y T/ GIPE-PUNE-000986 , I • :To:
~hi " 4$$ '~----?~-,...,.,..... .......---'" ., - -~ .-. -~ J ) ,I OhananJayarao G d " I111111 11m 1I111111111~lliti;ll!iom'Y t/ GIPE-PUNE-000986 , I • :to: ....... """"" -'-- - --~ ~r 1';\, 1( J"'"~"\.,.t'" ,,' ,\..• J' .. ' i\\.1~1 ¥ L I F E OFTBE A]IIR DOST l\IOHA]I~IED KHAN, OF KA.BUL: WITH HIS POLITICAL PROCEEDINGS TOWARDS THE ENGLISH, RUSSIAN, AND PERSIAN GOVERNMENTS, IBCLI1DIB& THE VICTORY AND DISASTERS OF THE BRITISH ARMY IN AFGHANISTAN. By MOHAN LAL, ESQ., KNIGHT OP THB PSRSIAlf ORDEB OF THE LION A.ND StTN; LATELY ATTACHED TO T MISSION' IN KABUL. IN TWO VOLUMES. VOL. 1'.• LONDON: LONGMAN, BRO~NJ GREEN, AND LONGMANS. PATERNOSTER-ROW. 1846. VL(?JI / I (;7 L]) ~rL( G } rtg6 London :-Prlnted by WiLL ...... OLown aud Solll, Stamford Str... t .. Hm 'kosT G~CJOUS MAJESTY QUEEN VIeT ORIA . DEDicATION TO HER MOST GRACIOUS MAJESTY QUEEN VICTORI~ 80VIIBar8S OP GRE4.T BRITA.IN 4ND OF THE INDIAN EMPIRE, 4.ND TO Hila BOYAL CONsoaT, IDS ROYAL HIGHNESS THE PRINCE ALBERT. SINCE the creation of the world it has been the custom and rule of the devoted Joyal servants of every ancient and modern Government, that either on receiving marks of distinction, or the honour of being presented to their. lawful Sovereign, they submit some present showing their homage and attac.l;1ment to the Throne. This usage of submissive 'devotion has not been limited to human beings, but it has been adopted ever by other species of God's creatures, and has met with the approbation of the greatest in the world. If we trace back as far as three thousand years, we find, from tradition as well as from historical anecdotes, one of the most striking instances in an insignificant creature of God, namely, a small ant having secured a grain of rice in its forceps; crept some distance~ and having gained an access a 2 IV DEDICATION. -
A Legal Analysis of the Enemy Property Act of Bangladesh
A Legal Analysis of the Enemy Property Act of Bangladesh Samir Kalra, Esq. and Arvind Chandrakantan, M.D. Abstract: The designation of minority owned land as “Enemy Property” under the provisions of the Enemy Property Act (EPA), sanctioned a vast and unparalleled appropriation of land in Bangladesh, and the erstwhile East Pakistan. Initially instituted by the Government of Pakistan in 1965, the EPA encompassed a series of discriminatory property laws targeting primarily Hindus and tribal communities in the eastern portion of the country (Bangladesh). After achieving independence from Pakistan in 1971, the newly formed Republic of Bangladesh retained the inequitable provisions of the EPA through the Vested Property Act (VPA). This paper will trace the evolution of the EPA and its subsequent versions, and provide an in- depth analysis of the Act in the context of international jurisprudence and human rights law. I. Introduction In 1965, following the outbreak of war between India and Pakistan, the military government of Pakistan promulgated one of history’s most racist and discriminatory laws, the Enemy Property Act (EPA). Years later, the United State Commission on International Religious Freedom (USCIRF), a quasi-governmental body responsible for promoting religious freedom throughout the world, described the EPA as “one of Pakistan’s key instruments of anti-Hindu discrimination,” which was used “selectively to seize Hindu- owned property after the 1965 Indo-Pakistan War...”1 Bangladesh, the successor state to Pakistan’s East Bengal Province, adopted the EPA after gaining independence in 1971, and each successive administration has continued this repressive law in one form or the other, often using it to “reward well- connected members of the Muslim majority community.”2 By labeling Hindus and other minorities as “enemies” of the state in the erstwhile East Pakistan and Bangladesh, the EPA and its subsequent versions, not only led to a massive appropriation of Hindu owned land, but also precipitated a drastic decline in the Hindu population. -
Empathize with Your Enemy”
PEACE AND CONFLICT: JOURNAL OF PEACE PSYCHOLOGY, 10(4), 349–368 Copyright © 2004, Lawrence Erlbaum Associates, Inc. Lesson Number One: “Empathize With Your Enemy” James G. Blight and janet M. Lang Thomas J. Watson Jr. Institute for International Studies Brown University The authors analyze the role of Ralph K. White’s concept of “empathy” in the context of the Cuban Missile Crisis, Vietnam War, and firebombing in World War II. They fo- cus on the empathy—in hindsight—of former Secretary of Defense Robert S. McNamara, as revealed in the various proceedings of the Critical Oral History Pro- ject, as well as Wilson’s Ghost and Errol Morris’s The Fog of War. Empathy is the great corrective for all forms of war-promoting misperception … . It [means] simply understanding the thoughts and feelings of others … jumping in imagination into another person’s skin, imagining how you might feel about what you saw. Ralph K. White, in Fearful Warriors (White, 1984, p. 160–161) That’s what I call empathy. We must try to put ourselves inside their skin and look at us through their eyes, just to understand the thoughts that lie behind their decisions and their actions. Robert S. McNamara, in The Fog of War (Morris, 2003a) This is the story of the influence of the work of Ralph K. White, psychologist and former government official, on the beliefs of Robert S. McNamara, former secretary of defense. White has written passionately and persuasively about the importance of deploying empathy in the development and conduct of foreign policy. McNamara has, as a policymaker, experienced the success of political decisions made with the benefit of empathy and borne the responsibility for fail- Requests for reprints should be sent to James G. -
Stay out of the 6Ui[Aing Wfien You 1Re Not Supposed to 6E in Here. It's P[Ain
University High School Volume 71 1362 East 59th Street Number3 Chicago, Illinois 60637 a~e School uses video cameras to strengthen security but some U-Highers wonder if ethics are weakened any people don't even know they exist. Some have heard rumors. Still others have seen themselves Mthrough them. Hidden cameras exist here at the Laboratory Schools and have since last year. AFTER REPEATED thefts and vandalism of Laboratory School property, administrators ordered alarms and motion de tectors installed three years ago . This system alerted adminis trators when security was breached but no trespasser was ever identified and no culprit ever caught. After repeated late night phone calls to administrators from CE PHOTO from a third floor University police regarding breakins, Assistant Director David Stafford and Manager of Auxiliary Services Peter Brown de northea t U-High camera. ote the size of this cided to have hidden surveillance cameras installed as part of camera's len , the tiny obje(t the hand in of an experiment. "M.ike," a ecurit con ultant. "After getting calls at two in the ffiOi"ningabout four or five times throughout the year," recalled Lab Schools Director Lucinda Lee Katz, "I asked Mr. Stafford and Mr. Brown to in on." vestigate enhancing the security system ." Reluctant to release the times at which AFTER LOOKING AT numerous alternatives, including a the cameras are in operation, administra ~~~~~~~~~~~~~~ keying system that reg- tors would say the surveillance system is isters who enters the only activated after school hours and on school, at what location weekends. ((Stay of out the 6ui[aing and what time, Mr. -
Women in Film Time: Forty Years of the Alien Series (1979–2019)
IAFOR Journal of Arts & Humanities Volume 6 – Issue 2 – Autumn 2019 Women in Film Time: Forty Years of the Alien Series (1979–2019) Susan George, University of Delhi, India. Abstract Cultural theorists have had much to read into the Alien science fiction film series, with assessments that commonly focus on a central female ‘heroine,’ cast in narratives that hinge on themes of motherhood, female monstrosity, birth/death metaphors, empire, colony, capitalism, and so on. The films’ overarching concerns with the paradoxes of nature, culture, body and external materiality, lead us to concur with Stephen Mulhall’s conclusion that these concerns revolve around the issue of “the relation of human identity to embodiment”. This paper uses these cultural readings as an entry point for a tangential study of the Alien films centring on the subject of time. Spanning the entire series of four original films and two recent prequels, this essay questions whether the Alien series makes that cerebral effort to investigate the operations of “the feminine” through the space of horror/adventure/science fiction, and whether the films also produce any deliberate comment on either the lived experience of women’s time in these genres, or of film time in these genres as perceived by the female viewer. Keywords: Alien, SF, time, feminine, film 59 IAFOR Journal of Arts & Humanities Volume 6 – Issue 2 – Autumn 2019 Alien Films that Philosophise Ridley Scott’s 1979 S/F-horror film Alien spawned not only a remarkable forty-year cinema obsession that has resulted in six specific franchise sequels and prequels till date, but also a considerable amount of scholarly interest around the series. -
Crystal City Family Internment Camp Brochure
CRYSTAL CITY FAMILY INTERNMENT CAMP Enemy Alien Internment in Texas CRYSTAL CITY FAMILY during World War II INTERNMENT CAMP Enemy Alien Internment in Texas Acknowledgements during World War II The Texas Historical Commission (THC) would like to thank the City of Crystal City, the Crystal City Independent School District, former Japanese, German, and Italian American and Latin American internees and their families and friends, as well as a host of historians who have helped with the preparation of this project. For more information on how to support the THC’s military history program, visit thcfriends.org/donate. This project is assisted by a grant from the Department of the Interior, National Park Service, Japanese American Confinement Sites Grant Program. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the THC and do not necessarily reflect the views of the Department of the Interior. TEXAS HISTORICAL COMMISSION 08/20 “Inevitably, war creates situations which Americans would not countenance in times of peace, such as the internment of men and women who were considered potentially dangerous to America’s national security.” —INS, Department of Justice, 1946 Report Shocked by the December 7, 1941, Empire came from United States Code, Title 50, Section 21, of Japan attack on Pearl Harbor, Hawaii that Restraint, Regulation, and Removal, which allowed propelled the United States into World War II, one for the arrest and detention of Enemy Aliens during government response to the war was the incarceration war. President Franklin D. Roosevelt’s Proclamation of thousands No. 2525 on December 7, 1941 and Proclamations No. -
Expulsion of Aliens
United Nations A/CN.4/565 General Assembly Distr.: General 10 July 2006 Original: English International Law Commission Fifty-eighth session Geneva, 1 May-9 June and 3 July-11 August 2006 Expulsion of aliens Memorandum by the Secretariat Summary The present study was prepared to assist the International Law Commission in the consideration of the topic of the expulsion of aliens. The study endeavours to provide a comprehensive analysis of the possible issues which may require consideration in the context of the present topic. It further provides an analytical summary of the relevant legal materials contained in treaty law, international jurisprudence, other international documents, national legislation and national jurisprudence. It surveys relevant materials adopted at the international level, the regional level as well as the national level. It also reproduces the relevant extracts of the various legal materials for ease of reference. The study is based on the premise that every State has the right to expel aliens. However, this right is subject to general limitations as well as specific substantive and procedural requirements. Traditionally, the right of expulsion was subject to general limitations such as the prohibition of abuse of rights, the principle of good faith, the prohibition of arbitrariness and standards relating to the treatment of aliens. Contemporary international human rights law has had a significant impact on the law relating to the expulsion of aliens in terms of the development of more specific substantive and procedural requirements. Recent trends in national law and practice with respect to the expulsion of aliens suspected of involvement in international terrorism may raise issues with respect to compliance with these requirements. -
Remixing the Voyager Interstellar Record Or, As Extraterrestrials Might Listen
Journal of Sonic Studies 8 (2014) Sounds of Space: http://www.researchcatalogue.net/view/109536/109537 Remixing the Voyager Interstellar Record Or, As Extraterrestrials Might Listen Stefan Helmreich Contextualizing the Context In 2010, scientists claiming to belong to a dissenting faction of the Search for Extraterrestrial Intelligence (SETI) contacted Seeland Records. Calling themselves the Search for Extraterrestrial Intelligence in Exile, or SETI-X, the group claimed to have received an alien transmission of rearranged sound from the Voyager Golden Record, a phonograph album famously sent into outer space in 1977 on each of NASA’s two Voyager spacecraft (Figure 1). The Golden Record had been put together in the mid-1970s by a panel convened by astronomer Carl Sagan, and it held a program of sounds and music of Earth, representing to imagined aliens our planet’s soundscapes, voices, and musical traditions. [1] Figure 1: The Voyager Golden Record. Side 1, on left, is the analog audio program. Side 2, on right, instructions to extraterrestrials on how to play the record. [2] 1 Because the scientists of SETI-X wished to remain anonymous, Seeland sought a public voice or commentator from other quarters. Because the label had in 2003 released a CD I had created, Xerophonics: Copying Machine Music, a science- and-technology themed mix of sounds of indefinite ownership (Helmreich 2003), and because I had also written about scientific notions of extraterrestrial life (Helmreich 2006), Seeland reasoned that I might be appropriately positioned to offer thoughts on the SETI-X document. They asked me to comment, which I did in a few venues (including, among other sites, the Los Angeles Daily News [Mills 2010]. -
Reading in the Dark: Using Film As a Tool in the English Classroom. INSTITUTION National Council of Teachers of English, Urbana, IL
DOCUMENT RESUME ED 456 446 CS 217 685 AUTHOR Golden, John TITLE Reading in the Dark: Using Film as a Tool in the English Classroom. INSTITUTION National Council of Teachers of English, Urbana, IL. ISBN ISBN-0-8141-3872-1 PUB DATE 2001-00-00 NOTE 199p. AVAILABLE FROM National Council of Teachers of English, 1111 W. Kenyon Road, Urbana, IL 61801-1096 (Stock No. 38721-1659: $19.95, members; $26.95, nonmembers). Tel: 800-369-6283 (Toll Free); Web site http://www.ncte.org. PUB TYPE Books (010) Guides Non-Classroom (055) EDRS PRICE MF01/PC08 Plus Postage. DESCRIPTORS Classroom Techniques; *Critical Viewing; *English Instruction; *Film Study; *Films; High Schools; Instructional Effectiveness; Language Arts; *Reading Strategies; Units of Study IDENTIFIERS *Film Viewing; *Textual Analysis ABSTRACT To believe that students are not using reading and analytical skills when they watch or "read" a movie is to miss the power and complexities of film--and of students' viewing processes. This book encourages teachers to harness students' interest in film to help them engage critically with a range of media, including visual and printed texts. Toward this end, the book provides a practical guide to enabling teachers to ,feel comfortable and confident about using film in new and different ways. It addresses film as a compelling medium in itself by using examples from more than 30 films to explain key terminology and cinematic effects. And it then makes direct links between film and literary study by addressing "reading strategies" (e.g., predicting, responding, questioning, and storyboarding) and key aspects of "textual analysis" (e.g., characterization, point of view, irony, and connections between directorial and authorial choices) .The book concludes with classroom-tested suggestions for putting it all together in teaching units on 11 films ranging from "Elizabeth" to "Crooklyn" to "Smoke Signals." Some other films examined are "E.T.," "Life Is Beautiful," "Rocky," "The Lion King," and "Frankenstein." (Contains 35 figures. -
Statelesness
Ausgabe 1, Band 5 – November 2009 Statelesness Hannah Arendt Berkeley [pencilled] 4/22/55 Vorbemerkung der Redaktion: Unter dem Titel „Statelessness“ und dem Datum 22. April 1955 hat Hannah Arendt eine vierseitige Vortragsskizze hinterlassen, die unter den „Hannah Arendt Papers“ der Library of Congress eingesehen werden kann. Das Manuskript enthält ausserdem von Arendts Hand den Hinweis „Berkeley“, woraus zu schließen ist, dass es sich um einen Vortrag an der University of California at Berkeley handelt, wo Arendt im Frühjahrssemester 1955 lehrte. In einem Brief vom Dienstag, den 19. April 1955, schreibt Arendt an ihren Mann, Heinrich Blücher: „Morgen muß ich im Historiker-Club sprechen, Freitag bei den Vereinigten Soziologen und Political Science-Studenten [...]“. Der letztgenannten Vortragsverpflichtung ordnen wir das Manuskript „Statelessness“ zu. Wir haben es transkribiert, durchgesehen und reproduzieren es hier mit freundlicher Genehmigung des Hannah Arendt Bluecher Literary Trust. Zur Erläuterung sei noch angefügt: - John Hope Simpson veröffentlichte 1939 sein Buch The Refugee Problem, auf das sich Hannah Arendt offenbar bezieht. - Mit „Childs“ ist wahrscheinlich der folgende Titel gemeint, den Hannah Arendt mehrfach in Elemente und Ursprünge totaler Herrschaft zitiert: Stephen Lawford Childs, „Refugees – A Permanent Problem in International Organization“, in: War Is Not Inevitable, Problems of Peace, 13th series published by the International Labor Office, London 1938. 1. Topical problem even in this country. 2. Recent phenomenon after WWI: Before this a freak: either de nationalité indeterminée or denaturalization by US. Both not important, except the only ones which are recognized. 3. Important after WWI. After WWI: Russia, Armenia, Hungary, Italy, Germany, the Balkans, Spanish Army. Spread after WWII. -
Italian Secrets: How Omertà Kept an Experience Quiet by Raul A
Italian Secrets: How Omertà Kept An Experience Quiet By Raul A. Rubio Fort Missoula, Montana. 1942. Courtesy of the K. Ross Toole Archives, University of Montana at Missoula (Number 84-295, Pierce Coll.) Densho ID: denshopd-i44-00003 “In silence and movement you can show the reflection of people.” – Marcel Marceau Upon hearing the word, internment, a slew of images and connotations materialize without control. These images are not fictitious. They are very real. A train station is pictured. A long line of men in suits and women in pearls stand on the platform for that train. The children cling to each other and to their mother’s coats. A lone suitcase, erect and still and as honorable as those whose lives are on the verge of uncertainty. Internment. The images are inescapable. The sad story of what Americans can do when gripped with fear to a people whose only crime was the possession of a last name, a language, and a culture. The Japanese were taken from their homes, their businesses destroyed, and their families shattered. These are the images that emerge when the word internment is spoken. Most of the narrative, scholarship, and history of internment, center on the Japanese and Japanese American experience. This is terribly incomplete. The U.S. had declared war on Japan. The enemies were the Japanese. There were, however, other enemies. These enemies were branded “enemy aliens.” The “enemy aliens” were not exclusively Japanese. The U.S. was entering a world war against not only the Japanse, but also the Axis Powers. The Axis Powers were our enemies.