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Designation of Qatari Student as Enemy Combatant
Published online by Cambridge University Press: 10 March 2017
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- Type
- Contemporary Practice of the United States Relating to International Law
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- Copyright
- Copyright © American Society of International Law 2003
References
1 Memorandum from President George W. Bush to the Secretary of Defense (June 23, 2003) (onfile at GWU). The determination was virtually identical to that used for the two other persons publicly declared to be “enemy combatants,” Yaser Esam Hamdi and Jose Padilla, both of whom are U.S. nationals. See Murphy, Sean D., Contemporary Practice of the United States, 97 AJIL 196 (2003)Google ScholarPubMed.
2 See Lichtblau, Eric, Bush Declares Student an Enemy Combatant, N.Y. Times, June 24, 2003, at A15.Google Scholar
3 See Lichtblau, Eric, Man Held as “Combatant” Petitions for Release, N.Y. Times, July 9, 2003, at A18 Google Scholar.
4 See Padilla v. Bush, 243 F.Supp.2d 42 (S.D.N.Y. 2003); Padilla v. Bush, 233 F.Supp.2d 564 (S.D.N.Y. 2002). It is worth noting that the court ordered that Padilla have access to counsel in order to challenge the designation of enemy combatant.
5 See Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12,1949, Art. 5, 6 UST 3316, 3322, 75UNTS135, 141.
6 See Hamdi v. Rumsfeld, 316F.3d450 (4th Cir. 2003). A petition for a rehearing en banc of this decision was denied by a vote of 8–4. See Hamdi v. Rumsfeld, 2003 WL 21540768 (4th Cir. July 9, 2003).