Detention of Terrorists and the Rule of Law

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Detention of Terrorists and the Rule of Law

• Professor Robert M. Chesney
• Wake Forest University School of Law
• March 30, 2004

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COLOR KEY
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COLOR KEY American citizen
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.

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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
16
COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
17
COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
18
COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
19
COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
20
COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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Yaser Esam Hamdi, captured in Afghanistan
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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Jose Padilla, captured at an airport in Chicago
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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Landsberg Prison, West Germany
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COLOR KEY American citizen Non-citizen with
territorial/other ties to U.S.
Non-citizen with no ties to U.S.
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Roosevelt and the Rough Riders
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From the 1903 US-Cuba Treaty
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From the 1903 US-Cuba Treaty

• While on the one hand the United States
  recognizes the continuance of the ultimate
  sovereignty of the Republic of Cuba over the
  above described areas of land and water, .

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From the 1903 US-Cuba Treaty

• While on the one hand the United States
  recognizes the continuance of the ultimate
  sovereignty of the Republic of Cuba over the
  above described areas of land and water, on the
  other hand the Republic of Cuba consents that
  during the period of the occupation by the United
  States of said areas under the terms of this
  agreement .

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From the 1903 US-Cuba Treaty

• While on the one hand the United States
  recognizes the continuance of the ultimate
  sovereignty of the Republic of Cuba over the
  above described areas of land and water, on the
  other hand the Republic of Cuba consents that
  during the period of the occupation by the United
  States of said areas under the terms of this
  agreement the United States shall exercise
  complete jurisdiction and control over and within
  said areas .

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