146 research outputs found
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Samantar v. Yousef: The Foreign Sovereign Immunities Act (FSIA) and Foreign Officials
This report provides an overview of the Foreign Sovereign Immunities Act (FSIA), followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also discusses legislation addressing the immunity of foreign officials (the Justice Against Sponsors of Terrorism Act, H.R. 3143 and S. 1535)
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Trying Terrorists as War Criminals
On November 13, 2001, President Bush signed a Military Order pertaining to the
detention, treatment, and trial of certain non-citizens in the war against terrorism. The
President’s Military Order makes it apparent that he plans to treat the attacks as acts of
war rather than criminal acts, and to prosecute those responsible as war criminals, trying
them by special military commission rather than in federal court. The purpose of this
the report is to clarify the legal basis for treating the acts as war crimes and the ramifications
of applying the law of war rather than criminal statutes to prosecute the perpetrators.
The discussion focuses on the trial of alleged terrorists and conspirators by a military
commission rather than the federal courts. A longer treatment of the issues in this report
and an analysis of other relevant issues, including the Military Order, are contained in
CRS Report RL 31191
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Selected Procedural Safeguards in Federal, Military, and International Courts
This report compares selected procedural safeguards employed in criminal trials in federal criminal court with parallel protective measures in military general courts-martial, military commissions as authorized under the Military Order of November 13, and, as a possible benchmark of international standards, the Rome Statute of the International Criminal Court
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Lawfulness of Interrogation Techniques under the Geneva Conventions
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Criminal Prohibitions on the Publication of Classified Defense Information
This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals. The report provides a summary of previous legislative efforts to criminalize the unauthorized disclosure of classified information
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Intelligence Identities Protection Act
This report summarizes the Intelligence Identities Protection Act, P.L. 97-200, enacted by Congress in 1982 to address the unauthorized disclosure of information that exposes covert U.S. intelligence agents
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U.S. Policy Regarding the International Criminal Court
This report outlines the main objections the United States has raised with respect to the International Criminal Court and analyzes the American Service member Protection Act (ASPA), enacted to regulate the US cooperation with the IC
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Detainees at GuantĂ namo Bay
After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions
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