No-hearing Hearings
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No-hearing Hearings
''No-Hearing Hearings'' (2006) is the title of a study published by Professor Mark P. Denbeaux of the Center for Policy and Research at Seton Hall University School of Law, his son Joshua Denbeaux, and prepared under his supervision by research fellows at the center. It was released on October 17, 2006. It is one of a series of studies on the Guantanamo Bay detention center, the detainees, and government operations that the Center for Policy and Research has prepared based on Department of Defense data. The study analyzes the Combatant Status Review Tribunals (CSRT's) for 393 detainees held on Guantánamo Bay from 2004 to 2005. The study is notable as the first documentation that the OARDEC convened multiple Tribunals for some captives when their original Tribunals determined they should not have been classified as enemy combatants. It generally gained a finding of enemy combatant status on the second hearing, but some panels resisted. The Denbeaux represent two detainees at Gua ...
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Unlawful Combatant
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children. The Geneva Conventions apply in wars between two or more sovereign states. They do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation stat ...
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Mark P
Mark may refer to: Currency * Bosnia and Herzegovina convertible mark, the currency of Bosnia and Herzegovina * East German mark The East German mark (german: Mark der DDR ), commonly called the eastern mark (german: Ostmark, links=no ) in West Germany and after reunification), in East Germany only ''Mark'', was the currency of the German Democratic Republic (East Germ ..., the currency of the German Democratic Republic * Estonian mark, the currency of Estonia between 1918 and 1927 * Finnish markka ( sv, finsk mark, links=no), the currency of Finland from 1860 until 28 February 2002 * Mark (currency), a currency or unit of account in many nations * Polish mark ( pl, marka polska, links=no), the currency of the Kingdom of Poland and of the Republic of Poland between 1917 and 1924 German * Deutsche Mark, the official currency of West Germany from 1948 until 1990 and later the unified Germany from 1990 until 2002 * German gold mark, the currency used in the German Empire from ...
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Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised at the 1949 conference. It defines humanitarian protections for prisoners of war. There are 196 state parties to the Convention. Part I: General provisions This part sets out the overall parameters for GCIII: * Articles 1 and 2 cover which parties are bound by GCIII * Article 2 specifies when the parties are bound by GCIII ** That any armed conflict between two or more "High Contracting Parties" is covered by GCIII; ** That it applies to occupations of a "High Contracting Party"; ** That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...Although one of the Powers in conflict may not be a pa ...
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State Of Emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk. ''Justitium'' is its equivalent in Roman law—a concept in which the Roman Senate could put forward a final decree (''senatus consultum ultimum'') that was not subject to dispute yet helped save lives in times of strife. Relationship with international law Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies. Use and viewpoints Though fairly uncommon in democracies, dictatorship, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of t ...
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Giorgio Agamben
Giorgio Agamben ( , ; born 22 April 1942) is an Italian philosopher best known for his work investigating the concepts of the state of exception, form-of-life (borrowed from Ludwig Wittgenstein) and '' homo sacer''. The concept of biopolitics (carried forth from the work of Michel Foucault) informs many of his writings. Biography Agamben was educated at the University of Rome, where in 1965 he wrote an unpublished laurea thesis on the political thought of Simone Weil. Agamben participated in Martin Heidegger's Le Thor seminars (on Heraclitus and Hegel) in 1966 and 1968. In the 1970s, he worked primarily on linguistics, philology, poetics, and topics in medieval culture. During this period, Agamben began to elaborate his primary concerns, although their political bearings were not yet made explicit. In 1974–1975 he was a fellow at the Warburg Institute, University of London, due to the courtesy of Frances Yates, whom he met through Italo Calvino. During this fellowship, Agam ...
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Hamdan V
Hamdan ( ar, حمدان ') is a name of Arab origin of aristocratic descent and many political ties within the middle east and the Arab World, controlling import/export mandates over port authorities. Among people named Hamdan include: Given name * Hamdan bin Mohammed Al Maktoum, hereditary Prince of Dubai * Hamdan Mohamad, Malaysian businessman * Hamdan Odha Al-Bishi, Saudi Arabian sprinter Middle name * Anwar Hamdan Muhammed Al-Noor, former Guantanamo detainee Surname * Abdullah bin Suleiman Al Hamdan (1887–1965), Saudi Arabian politician and businessman * Gamal Hamdan (1928-1993), Egyptian geographer, author, university professor * Ghassan Hamdan, Iraqi scholar, poet and translator * Gibran Hamdan (born 1981), American NFL and NFL Europe quarterback * Hasan Hamdan, Lebanese actor and voice actor * Jamal al-Din Hamdan, 19th century Lebanese Druze Sheikh * Jamal Hamdan (actor) (born 1958), Lebanese actor and voice actor * Mais Hamdan (born 1982), Jordanian actress, s ...
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Military Commissions Act Of 2006
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes". It was drafted following the decision on '' Hamdan v. Rumsfeld'' (2006) from the Supreme Court of the United States, which ruled that the Combatant Status Review Tribunals (CSRT), as established by the United States Department of Defense, were procedurally flawed and unconstitutional, and did not provide protections under the Geneva Conventions. It prohibited detainees who had been classified as enemy combatants or were awaiting hearings on their status from using ''habeas corpus'' to petition federal courts in challenges to their detention. All pending habeas corpus cases at the federal district court were stayed. In '' Boumediene v. Bush'' (2008), the Supreme Court held that Section 7 of the law was uncons ...
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Show Trial
A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so they will serve as both an impressive example and a warning to other would-be dissidents or transgressors. Show trials tend to be retributive rather than corrective and they are also conducted for propagandistic purposes. When aimed at individuals on the basis of protected classes or characteristics, such trials are examples of political persecution. The term was first recorded in 1928. China During the Land Reform Movement, between 1 and 2 million landlords were executed as counterrevolutionaries during the early years of Communist China. After the Tiananmen Square protests of 1989, show trials were given to "rioters and counter-revolutionaries" involved in the protests and the subsequent military massacre. Chinese Nobel Peace ...
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Mark Denbeaux
Mark P. Denbeaux (born July 30, 1943 in Gainesville, Florida) is an American attorney, professor, and author. He is a law professor at Seton Hall University School of Law in Newark, New Jersey and the Director of its Center for Policy and Research. He is best known for his reports on the Guantanamo Bay detention camp and its operations. Denbeaux has testified to Congress about the findings of the Center's reports. He and his son, Joshua Denbeaux, are the legal representatives of two Tunisian detainees at Guantanamo. He is also the lead Civilian Military Commission Counsel for two detainees who were tortured by the Central Intelligence Agency in black sites prior to their detainment. Denbeaux is an expert in forensics and has testified as an expert witness in cases across the country. Denbeaux also is a practicing attorney in the family law firm of Denbeaux & Denbeaux in Westwood, New Jersey. Early life and education Mark Denbeaux was born on July 30, 1943, in Gainesville, Flor ...
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Enemy Combatant
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict" (as described in the 1949 Geneva Conventions Article 3). After the September 11 attacks, the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or the Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants, a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions. However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention, enemy combatants, under the Bush administration, were not c ...
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United States Department Of Defense
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national security and the United States Armed Forces. The DoD is the largest employer in the world, with over 1.34 million active-duty service members (soldiers, marines, sailors, airmen, and guardians) as of June 2022. The DoD also maintains over 778,000 National Guard and reservists, and over 747,000 civilians bringing the total to over 2.87 million employees. Headquartered at the Pentagon in Arlington, Virginia, just outside Washington, D.C., the DoD's stated mission is to provide "the military forces needed to deter war and ensure our nation's security". The Department of Defense is headed by the secretary of defense, a cabinet-level head who reports directly to the president of the United States. Beneath the Department of Defense are th ...
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