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Detention – Law, Policy, and Resources

Detention – Law, Policy, and Resources

The entrance to Camp 1 in Guantanamo Bay's Camp Delta. The base's detention camps are numbered based on the order in which they were built, not their order of precedence or level of security. Photo by Kathleen T. Rhem
The ongoing law of war detention at US Naval Station-Guantanamo Bay, has resulted in an ongoing evolution of the law and policy governing the basis of detention and its review procedures. These materials include both current and historical documents.

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TypeDescriptionYearKeywords

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2009 Review of Department Compliance with President's Executive Order on Detainee Conditions of Confinement (Walsh Report) 2009Guantanamo, EO 13492, Walsh Report, Common Article 3, Geneva Conventions, Humane Treatment, Detainee, Detention, Shelter, Hygiene, Medical, Healthcare, Behavioral Science, Protection, Recreation, Sleep, Human-to-human Contact, Socialization, Joint Detention Group, Joint Task Force, JTF-GTMO, Discipline, Use of Force Shackling, Sensory Deprivation, Transfer, Release, Repatriation

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Article 15-6 Investigation of the 800th Military Police Brigade, Investigating Abuses at Abu Ghraib (Taguba Report)(Oct 2004) 2004Detainee, Detainee Abuse, Abuse, Abu Ghraib, Iraq, Interrogation, MG Miller, Command and Control, Detention, Bagdad Central Confinement Facility, Punching, Kicking, Nudity, Sexual Abuse, Dogs, Photographs of Dead Bodies, Civilian Internee, Abuse, Escapes, Command Climate, Training, Intentional Acts, Grave Breaches, International Law

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CIA Response to SSC Study on Former Rendition, Detention and Interrogation Program (Jun 2013) (CIA Response to SSCI RDI Torture Report) 2013Rendition, Interrogation, Detention, Detainees, CIA, Torture, Guantanamo, Enhanced Interrogation Techniques, EITs

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CRS Report R40139, Closing the Guantanamo Bay Detention Center (Sep 2009) 2009Detention, Guantanamo, Detainees, Transfer, Release, Criminal Prosecutions, Defendant's Rights

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CRS Report RL31367 Treatment of 'Battlefield Detainees' in the War on Terror (Apr 2002) 2002Geneva Conventions, Law of War, Detainees, Detention, Status, Guantanamo, Article 5

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CRS Report RL31724, Detention of American Citizens as Enemy Combatants (Mar 2005) 2005Hamdi, Padilla, Territo, Quirin, Milligan, Supreme Court, Congress, Enemy Detention, Authority to Detain

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CRS Report RS22173 Detainees at Guantanamo Bay (Jun 2005) 2005Detention, Detainees, Court Challenges, Hamdan, CSRT, Combat Status Review Tribunals, Rasul, In Re Guantanamo Detainees

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Center for Constitutional Rights Report, Current Conditions of Confinement at Guantanamo, Still in Violation of the Law (Feb 23, 2009) 2009Unlawful Executive Detention, Guantanamo, Detention, Detainee, Common Article 3, Geneva Conventions, Hygiene, Cruel Unusual Punishment, Shocks the Conscience, Immediate Reaction Force, IRF, Forced Cell Extraction, Force, Discipline, Solitary Confinement, Religion, Threats, Forced Feeding, Habeas, Uighers, Temperature, Sensory Deprivation, Sleep Deprivation, Suicide, Psychological Damage

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Detention Policy Task Force Preliminary Report to the Secretary of Defense and US Attorney General (Jul 20, 2009) 2009Detention Policy Taskforce, Taskforce, Task Force, EO 13492, Military Commissions, 2009 Military Commissions Act, Senate Armed Committee, Hamdan, Statutory Changes, Prosecution

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Final Report Guantanamo Review Task Force (Review Ordered by EO 13492) (Jan 22, 2010) 2010Guantanamo, Detention, Review, EO 13492, Prosecution, Detainee, Detain, Guidelines, Transfer, Yemen, Yemeni, Conditional Detention, Diplomatic Efforts, Diplomatic CIA, FBI, NSA DoD

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NGO February 2009 Statement on Commission Relating to Detention, Treatment, and Transfer of Detainees 2009Non-governmental Organizations, Commission, Detainees, Treatment, Transfer, Detention

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Senate Select Committee on Intelligence, Committee Study of the Central Intelligence Agency's Detention and Interrogation Program (SSCI RDI Study Torture Report) (Dec 2014) 2014Torture, CIA, Central Intlligence Agency, RDI, Rendition, Interrogation, Detention, Detainee, Black Sites, SSCI, Enhanced Interrogation Techniques, EIT,

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Tab A, Prosecution Protocol to Detention Policy Task Force Preliminary Report to the Secretary of Defense and US Attorney General (Jul 20, 2009) 2009Prosecution, Detention Policy Review Task Force, Military Commission, Federal Court, Detainee, Detention, Guantanamo, Guantanamo Bay, Efficiency, Independence, US Attorneys Manual, Article III Courts

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The Emerging Law of Detention 2-0 Harvard Law School National Security Research Committee & Brooking (April 2012) 2012Guantanamo, Detention, Detainee, Habeas, Law, Legal Review, Evidence, Presumption, Historical, Burden of Proof, Admissions, Hearsay, Involuntary Statements, Mosaic Theory, Conditional Probability, Totality of the Evidence

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US Dep't of Justice, Inspector General, A Review of the FBI's Involvement in and Observations of Detainee Interrogations in Guantanamo Bay, Afghanistan, and Iraq (May 2008) 2008Detainee, Interrogation, Federal Bureau of Investigation, Guantanamo, Detainee Treatment, Military, Counterterrorism, Interrogation Techniques, Interview, Interview Techniques, Geneva Conventions, Convention Against Torture, Abu Zubaydah, High Value Detainee, Al-Qatani, Abu Ghraib, Techniques, Dogs, Mistreatment of Koran, Isolation, Sleep Deprivation, Sexual Abuse, Shackling, Stress Positions, Physical Abuse, Extreme Temperatures, Loud Music, Forced Cell Extractions, Threats to Family, Naked, Short Shackling, Beating, Choking, Sexual Abuse, Hooding, Sensory Deprivation, Ghost Transfers, Isolation, Impersonation of Fbi Agents, Fbi, Moazzam Begg, Saleh Muklif Saleh, Mohamedou Ould Slahi, Slahi, Saleh, Al-sharabi, Al Qurani, Al Harbi, Blindfold