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Looking Back to Go Forward: Remaking Detainee Policy*
Looking Back to Go Forward: Remaking U.S. Detainee Policy* by James M. Durant, III, Lt Col USAF Deputy Head, Department of Law United States Air Force Academy Frank Anechiarico Distinguished Visiting Professor of Law United States Air Force Academy Maynard-Knox Professor of Government and Law Hamilton College [WEB VERSION] April, 2009 © James Durant, III, Frank Anechiarico * This article does not reflect the views of the Air Force, the United States Department of Defense, or the United States Government. “By mid-1966 the U.S. government had begun to fear for the welfare of American pilots and other prisoners held in Hanoi. Captured in the midst of an undeclared war, these men were labeled war criminals. .Anxious to make certain that they were covered by the Geneva Conventions and not tortured into making ‘confessions’ or brought to trial and executed, U.S. Ambassador-at-Large Averell Harriman asked [ New Yorker correspondent Robert] Shaplen to contact the North Vietnamese.” - Thomas Bass (2009) ++ Introduction This article, first explains why and how detainee policy as applied to those labeled enemy combatants, collapsed and failed by 2008. Second, we argue that the most direct and effective way for the Obama Administration to reassert the rule of law and protect national security in the treatment of detainees is to direct review and prosecution of detainee cases to U.S. Attorneys and adjudication of charges against them to the federal courts. The immediate relevance of this topic is raised by the decision of the Obama Administration to use the federal courts to try Ali Saleh Kahah al-Marri in a (civilian) criminal court. -
Prosecuting Crimes Committed by American Military Contractors in Iraq Christopher D
Penn State International Law Review Volume 27 Article 6 Number 1 Penn State International Law Review 6-1-2008 Reining in Rambo: Prosecuting Crimes Committed by American Military Contractors in Iraq Christopher D. Belen Follow this and additional works at: http://elibrary.law.psu.edu/psilr Part of the International Law Commons, and the Military, War, and Peace Commons Recommended Citation Belen, Christopher D. (2008) "Reining in Rambo: Prosecuting Crimes Committed by American Military Contractors in Iraq," Penn State International Law Review: Vol. 27: No. 1, Article 6. Available at: http://elibrary.law.psu.edu/psilr/vol27/iss1/6 This Comment is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. Comments I Reining in Rambo: Prosecuting Crimes Committed by American Military Contractors in Iraq Christopher D. Belen* I. INTRODUCTION On September 16, 2007, American civilians shot and killed seventeen Iraqi civilians on a Baghdad street.' The heavily armed Americans were not tourists or ordinary criminals; they were employed by Blackwater USA, a State Department contractor, and paid to protect the United States Embassy and diplomatic corps in Baghdad.2 Although the reports and investigations consistently concluded the shooting was at least excessive, 3 the possible criminal liability of the individual shooters * J.D. Candidate, 2009, The Dickinson School of Law of the Pennsylvania State University. I thank my wife, Erika, for her steadfast patience and support. -
Editorial Board Faculty Advisors Junior Staff
ILSA JOURNAL OF INTERNATIONAL & COMPARATIVE LAW NOVA SOUTHEASTERN UNIVERSITY SHEPARD BROAD LAW CENTER Volume 18 Spring 2012 Number 2 EDITORIAL BOARD CHRISTOPHER BROWN Editor-in-Chief & Executive Board Member ALANA J. FAINTUCH RAYNA KARADBIL Managing Editor & Executive Board Member Executive Editor & Executive Board Member ALICIA ZWEIG RAFAELA VIANNA Lead Articles Editor & Executive Board Member Bilingual CO-Editor & Executive Board Member JANY MARTINEZ JENNIFER LEMBERGER Bilingual CO-Editor & Executive Board Member Subscriptions Editor CRISTINA COSSIO NATHANIEL G. DUTT Lead Technical Editor Associate Technical Editor MICHEL MORGAN MARTAVIS CLARKE Associate Managing Editor Associate Executive Editor NICHOLAS LEROY STACI BURTON Article Editor Article Editor √ FACULTY ADVISORS DOUGLAS L. DONOHO ELOISA C. RODRIGUEZ-DOD JUNIOR STAFF MEMBERS Sharifa Hunter Robert Adams Liza Escapa-Lima Joshua Green Todd Wise Sylvia Cano Michael Rasmussen Anca Oprea Rebecca Rodriguez Rina Bodner Philip Jones Jennifer Valiyi Hillary Rosenzweig Kimberly Stephenson Jonathan Groth Harold Pryor Sasha Stauffer Stephen Mervis Carmen Alonso Rachel Katz Jason Skura Giacomo Bossa Yuna Scott Kenneth Louie Chris Barnett i NOVA SOUTHEASTERN UNIVERSITY SHEPARD BROAD LAW CENTER ADMINISTRATION Athornia Steele, B.A., J.D., Dean of the Law School & Professor of Law Leslie Larkin Cooney, B.S., J.D., Associate Dean for Academic Affairs & Professor of Law Josh Metz, B.S., B.S., B.A., C.P.A., Director of Finance and Administration Catherine Arcabascio, B.A., J.D., Associate Dean for International, Online and Graduate Programs and Professor of Law Jennifer McIntyre, B. S., M.S., Assistant Dean for Online Programs Janet Mosseri, B.S., J.D., Associate Director for Student Affairs Lynn Acosta, B.A., M.S., Assistant Dean for Student Services William Perez, B.A., Assistant Dean for Admissions Linda F. -
Proceedings of the Annual Meeting of the Association for Education In
DOCUMENT RESUME ED 481 269 CS 512 494 TITLE Proceedings of the Annual Meeting of the Association for Education in Journalism and Mass Communication (86th, Kansas City, Missouri, July 30-August 2,2003) .Media Ethics Division. PUB DATE 2003-07-00 NOTE 315p.; For other sections of these proceedings, see CS 512 480-498. PUB TYPE Collected Works Proceedings (021) Reports Research (143) EDRS PRICE EDRS Price MF01/PC13 Plus Postage. DESCRIPTORS Codes of Ethics; Corporations; *Ethical Instruction; *Ethics; Higher Education; *Journalism Education; Journalism History; National Security; News Writing; Newspapers; Photojournalism; Student Diversity; Terrorism IDENTIFIERS Digital Photography; Scandals ABSTRACT The Media Ethics Division of the proceedings contains the following 10 papers: "Punctuation and Epistemic Honesty: Do Photos Need What Words Have?" (Scott Fosdick and Shahira Fahmy); "A Bellwether in Media Accountability: The Work of the New York 'World's' Bureau of Accuracy and Fair Play" (Neil Nemeth); "Eight Arguments for the Importance of Philosophical Thinking in Journalism Ethics" (Hendrik Overduin); "An Examination of Diversity Issues at Southeast Journalism Conference Newspapers" (Kathleen Woodruff Wickham, Amanda Elkin, Sarah S. Hollis, Scarlet Lawrence, Sandra Knispel, Jamee Smith, and Marty Russell); "Balancing News Reporting with National Security in an Age of Terrorism" (David Cuillier); "Bad Apples or Rotten Culture?: Media Discourse on the Corporate Scandals of 2001 and 2002" (David A. Craig and Kristina K. Turner); "Conflicted Interests, Contested Terrain: Journalism Ethics Codes Then and Now" (Lee Wilkins and Bonnie Brennen); "A Gang of Pecksniffs Grows Up: The Evolution of Journalism Ethics Discourse in 'The Journalist' and 'Editor and Publisher'" (Patrick Lee Plaisance); "Questions of Judgment.in the Newsroom: A Journalistic Instrumental-Value Theory for Media Ethics" (Patrick Lee Plaisance); and "Perry Meets Freire: Moral Development's 'Leap of Faith' in the Classroom" (Maggie Jones Patterson and Matthew Gropp) . -
Congressional Record—Senate S834
S834 CONGRESSIONAL RECORD — SENATE February 2, 2005 29 other States it has already reached a rate of increase, which outpaces the Since our country’s founding, the crisis point. Seventy percent of doctors growth of our GDP, gross domestic tort system often has been a force of who have practiced in Tennessee for product, it is estimated that per capita justice and positive change, but today more than 10 years have had a claim cost will go above $1,000 by 2006. That that justice is being junked by trial at- filed against them. Does that mean means for a family of 4, there is a tort torneys looking for these multimillion- that 7 out of 10 doctors in one State are tax of about $4,000. dollar windfalls, and that is what we conducting malpractice, bad health The tort system accounts for about need to address. We will take action to care? No, of course not. 2.23 percent of our GDP. That is equal end the abuse in these lawsuits on the If one looks at the studies of obstet- to the entire economy of the State of floor of the Senate. It will be done for rics, OB/GYN, 92 percent have had a Washington or more than that of the the sake of true victims who deserve claim against them. That is 9 out of State of Tennessee, my own State. fair compensation, for the prosperity every 10 doctors who have been deliv- Where does all that money go? Unfor- and health of our people, and for the ering babies for more than 10 years. -
Military Commissions in Light of the Supreme Court Decision in Hamdan V
S. HRG. 109–881 MILITARY COMMISSIONS IN LIGHT OF THE SUPREME COURT DECISION IN HAMDAN V. RUMSFELD HEARINGS BEFORE THE COMMITTEE ON ARMED SERVICES UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION JULY 13, 19; AUGUST 2, 2006 Printed for the use of the Committee on Armed Services ( U.S. GOVERNMENT PRINTING OFFICE 35–144 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 16:04 May 08, 2007 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\DOCS\35144.TXT SARMSER2 PsN: JUNEB COMMITTEE ON ARMED SERVICES JOHN WARNER, Virginia, Chairman JOHN MCCAIN, Arizona CARL LEVIN, Michigan JAMES M. INHOFE, Oklahoma EDWARD M. KENNEDY, Massachusetts PAT ROBERTS, Kansas ROBERT C. BYRD, West Virginia JEFF SESSIONS, Alabama JOSEPH I. LIEBERMAN, Connecticut SUSAN M. COLLINS, Maine JACK REED, Rhode Island JOHN ENSIGN, Nevada DANIEL K. AKAKA, Hawaii JAMES M. TALENT, Missouri BILL NELSON, Florida SAXBY CHAMBLISS, Georgia E. BENJAMIN NELSON, Nebraska LINDSEY O. GRAHAM, South Carolina MARK DAYTON, Minnesota ELIZABETH DOLE, North Carolina EVAN BAYH, Indiana JOHN CORNYN, Texas HILLARY RODHAM CLINTON, New York JOHN THUNE, South Dakota CHARLES S. ABELL, Staff Director RICHARD D. DEBOBES, Democratic Staff Director (II) VerDate 0ct 09 2002 16:04 May 08, 2007 Jkt 000000 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 C:\DOCS\35144.TXT SARMSER2 PsN: JUNEB C O N T E N T S CHRONOLOGICAL LIST OF WITNESSES MILITARY COMMISSIONS IN LIGHT OF THE SUPREME COURT DECISION IN HAMDAN V.