title:
The President's power as Commander in Chief to transfer captured terrorists to the control and custody of foreign nations
title:
Memorandum regarding the President's power as Commander in Chief to transfer captured terrorists to the control and custody of foreign nations
creator:
Bybee, Jay S.
contributor:
Haynes, William J. (William James), 1958-
publisher:
U.S. Dept. of Justice, Office of Legal Counsel
date:
Record modified: 2011-09-08
date:
Record created: 2009-04-22
date:
2002
description:
Title from PDF caption (viewed Apr. 21, 2009); At head of title: Memorandum for William J. Haynes, II, General Counsel, Department of Defense. Includes bibliographical references.
description:
Extent: 35 p. : digital, PDF file.
description:
Abstract: Memo providing U.S. Dept. of Justice Office of Legal Counsel's views on the laws applicable to the transfer of members of the Taliban militia, al Qaeda, or other terrorist organizations, who have come under the control of the United States armed forces, to other countries. The Office concludes that the President has plenary constitutional authority, as the Commander in Chief, to transfer such individuals who are captured and held outside the United States to the control of another country. Individuals who are detained within the United States, however, may be subject to a more complicated set of rules established by both treaty and statute.
description:
subject:
War on Terrorism, 2001---Law and legislation--United States
subject:
War and emergency powers--United States
subject:
Taliban
subject:
Qaida (Organization)
subject:
Prisoners of war--United States--History
subject:
Legislative power--United States
subject:
Executive power--United States
subject:
Detention of persons--Cuba--Guantánamo Bay Naval Base
subject:
Detention of persons--Afghanistan
subject:
Detention of persons
subject:
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984)
subject:
Convention Relative to the Treatment of Prisoners of War (1949)
subject:
Constitutional law--United States
relation:
OCLC No.: 318903800
type:
application/pdf
type:
Text
type:
PDF-1.4
source:
http://www.usdoj.gov/opa/documents/memorandum03132002.pdf
language:
eng
rights:
This item is a work of the United States government. Under Section 105 of the United States Copyright Act, it is not subject to copyright.
identifier:
memorandum03132002
