Regarding Indefinite Administrative Detention Essay example -- Politic

Regarding Indefinite Administrative Detention Blind patriotism and resounding public support of President Bushs War on terrorism after the events of September 11 th have allowed considerable leeway to be taken by the Federal disposal in terms of indefinite detention of non-U.S. citizens in Guantanamo Bay, Cuba. But all the flag waving seems to have helped a lot of people dismiss the humor that, even though the detainees taken from Afghanistan in the past year are not U.S. citizens, they remain innocent until proven guilty according to American legal principles. One might ask if the suspects havent been proven guilty in court (or the remarkably prosecutor-friendly military tribunals), how can they be, for all intents and purposes, imprisoned opus innocent (without violating numerous constitutional, statutory, and inter discipline laws)? The answer is that, because the detainees have NOT been charged with any crime, they are held as enemy combatants. Once deemed a threat to nationa l security by Secretary of Defense Donald Rumsfeld, they are subject to the restrictions of Wartime Internment according to the Geneva Conventions, captured combatants may be detained without charges until the end of active hostilities.(Mariner) The procedural laws governing body detention of aliens lie in a complex net of statutes declaring the rights of the government to detain aliens under different situations. When Donald Rumsfeld records that the end of active hostilities will come when we tonus that there are not effective global terrorist networks functioning in the world (Mariner), the importance of looking at exactly what the Supreme Court has to say about detention regulations becomes increasingly clear indefinite detention could v... ...tizens as a fair, just, and prudent tactic to serve the goal of winning a ostensibly impossible, rhetorical war.(Mariner) But while the moral issues revolving around preventative administrative detention remain, the court in fact reso lved Zadvydas in an ethically sound, lawfully justifiable manner. WORKS CITED Carter, Lief. 2002. Reason In Law Sixth Edition. New York, NY Longman.Mariner, Joanne. May 28, 2002. Indefinite Detention On Guantanamo. Retrieved October 19, 2002, from http//writ.corporate.findlaw.com/mariner/20020528.htmlRamasastry, Anita. Oct. 5, 2001. Indefinite Detention found Upon Suspicion How The Patriot Act Will Disrupt Many Lawful Immigrants Lives. Retrieved October 19, 2002, from http//writ.corporate.findlaw.com/ramasastry/20011005.htmlZadvydas v. Davis, et al. U.S. Supreme Court. Argued, Feb. 21, 2001. Decided, June 28, 2001.