War powers of the president to detain suspected noncitizens were affirmed on Tuesday by a federal appeals court. A three-judge panel denied a Guantanamo Bay detainee’s petition for release; he had argued his detention was unlawful.
The judges found international laws of war are not a “source of authority” for U.S. Courts. As such they do not limit the power granted the president by Congress to “use all necessary and appropriate force” to prevent acts of terrorism against the United States.
Amnesty International (AI) holds that international humanitarian law does apply to the United States. Policy director Tom Parker of AI USA called it “unhelpful and wrongheaded” for the U.S. to disregard international treaties and agreements it has signed. “This is not the end of the story,” he said.
Yemen citizen Ghaleb Nassar Al-Bihani, a former cook with a Taliban paramilitary brigade, argued that he is a civilian under international law because he was not part of an official state military, and as a civilian he must commit a “direct hostile act” in order to be detained. His brigade surrendered in late 2001.
The judges found international laws of war are not a “source of authority” for U.S. Courts. As such they do not limit the power granted the president by Congress to “use all necessary and appropriate force” to prevent acts of terrorism against the United States.
Amnesty International (AI) holds that international humanitarian law does apply to the United States. Policy director Tom Parker of AI USA called it “unhelpful and wrongheaded” for the U.S. to disregard international treaties and agreements it has signed. “This is not the end of the story,” he said.
Yemen citizen Ghaleb Nassar Al-Bihani, a former cook with a Taliban paramilitary brigade, argued that he is a civilian under international law because he was not part of an official state military, and as a civilian he must commit a “direct hostile act” in order to be detained. His brigade surrendered in late 2001.
