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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 These materials include both current and historical documents.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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2018 EO 13823 Protection America Through Lawful Detention of Terrorists, 30 Jan 2018 2018Executive Order, EO 13823, Guantanamo Bay, Detention, Military Commission, Law of War Principles, President, 2001 AUMF, Periodic Review, EO 13567, Law of War Detention, Donald Trump, Detention Review

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Army Regulation AR 190-8, OPNAVINST 34616, AFJI 31-304, MCO 34611, Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees (1 Oct 1997) 1997Enemy Prisoners of War, Article 5 Tribunals, Geneva Conventions, GPW, GPIII, Third Geneva Convention, Retained Personnel, Internees, Detainees, Humane Treatment

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Attorney General Holder Letter to Senator McConnell on Decision to Try Mr Abdulmutallab in Federal Court (Feb 3, 2010) 2010Abdulmutallab, Underwear Bomber, Bomber, Bombing, Attemted, Deroit, Northwest Airlines, Federal Court, Federal Criminal Justice, Al Qaeda, Holder, McConnell, FBI, Miranda, Padilla, Trial

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Detainee Treatment Act of 2005 2005Torture, Cruel Inhuman and Degrading Treatment, Punishment, 5th Amendment, 8th Amendment, 14th Amendment, Convention Against Torture, CAT, CSRT, Combat Status Review Tribunals, Status Review, Afghanistan, Iraq, Detention

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DoD General Counsel Jeh Johnson Brooking Speech Oct 18, 2011 2011Military, Declaration of Independence, Standing Armies, Quartering of Troops, Al Qaeda, Affiliates, Military Power, Non-state Actor, Counterterrorism, Army Field Manual, Interrogation, Miranda, Public Safety Exception, 2009 MCA, Miltiary Commissions, Miltiary Commissions Act, Military Detention, Cruel Inhuman and Degrading Treatment, Guantanamom, Detainee, Habeas, Afghanistan, Periodic Review, Transfer, National Defense Authorization Act

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DoD Letter to Senator Levin Enclosing 2009 Reviesed Detainee Review Procedures at Bagram Addendum (Jul 14, 2009) 2009Detention Authority, Afghanistan, Bagram, Department of Defense, Alien Detainees, Detainees, Threat Assessment, Unprivileged Enemy Belligerent, Detainee Review Boards, Guantanamo, AR 190-8, Operation Enduring Freedom, OEF, Internment, Transfer. AUEB, Review Procedures, Personal Representative,

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EO 13491 Ensuring Lawful Interrogation (Jan 22, 2009) 2009US Custody, Detainee, Torture Statute, Baseline Geneva Convention, Outrages on Person Dignity, Cruel Inhuman and Degrading Treatment, CIA Detention, Detention Facility, Interrogation, Interrogation Technique, Army Field Manual, Army Field Manual 2-22.3, Guantanamo, Military Detention, Special Inter-agency Task Force, International Committee of the Red Cross, ICRC Access

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EO 13492 Review and Disposition of Individuals Detained at Guantanamo Bay Naval Base and Closure of Detention Facilities (Jan 22, 2009) 2009Common Article 3, Geneva Conventions, Guantanamo, Habeas, Closure, Detainee Information, Tranfer, Prosecution, Miltiary Commissions, Humane Treatment, Transfer to United States, Detention

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EO 13567 Periodic Review of Indiviuals Detained at Guantanamo Bay Naval Station Pursuant to the Authorization for the Use of Military Force (Mar 7, 2011) 2011AUMF, Authorization for the Use of Military Force, Guantanamo, Detainee, Detention, EO 13492, Periodic Review, Periodic Review Board, PRB, Law of War Detention, Continued Detention, Significant Threat to the Security of the United States, Intial Review, File Review, Full Review, Review Board, Transfer, Hearing, Rights, Secretariat

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Eo 13493 Review of Detention Policy Options (Jan 22, 2009) 2009Detention, Guantanamo, Special Inter-agency Task Force, Review, Detainee Disposition, Lawful Options, Counterterrorism Operations, National Security

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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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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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Tab A, Prosecution Protocol to Final Report Guantanamo Review Task Force (Review Ordered by EO 13492) (Jan 22, 2010) 2010Prosecution, 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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US Central Command Regulation 27-13, Captured Persons, Determinations of Eligibility for Enemy Prisoner of War Status (Feb 1995) 1995Geneva Conventions, GC III, 1949 Geneva Conventions, Belligerent Act, Detainees, Enemy Prisoner of War, EPW,

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White House Fact Sheet on Guantanamo & Detainee Policy (Mar 7, 2011) 2011Military Commissions, Article III Trials, Periodic Review, International Law, Additional Protocol I, Additional Protocol II, API, APII, Article 75, Legal Obligation, White House, President Obama, Obama