Most widely held works by Jennifer Elsea
Treatment of battlefield detainees in the war on terrorism by Jennifer Elsea ( Book )
12 editions published between 2002 and 2007 in English and No Linguistic content and held by 173 libraries worldwide
"Updated January 23, 2007."
International Criminal Court : overview and selected legal issues by Jennifer Elsea ( Book )
8 editions published between 2002 and 2006 in English and held by 131 libraries worldwide
On April 11, 2002, the Rome Statute of the International Criminal Court received its sixtieth ratification, meaning it will come into effect July 1, 2002, establishing the first global permanent international court with jurisdiction to prosecute individuals for [beta]the most serious crimes of concern to the international community.[gamma] The United Nations, many human rights organizations, and most democratic nations have expressed support for the new court. The Bush Administration firmly opposes it and has formally renounced the U.S. obligations under the treaty. At the same time, however, the Administration has stressed that the United States shares the goal of the ICC[alpha]s supporters ₁ promotion of the rule of law ₁ and does not intend to take any action to undermine the ICC. The primary objection given by the United States in opposition to the treaty is the ICC[alpha]s possible assertion of jurisdiction over U.S. soldiers charged with [beta]war crimes[gamma] resulting from legitimate uses of force. The main issue faced by the current Congress is whether to adopt a policy aimed at preventing the ICC from becoming effective or whether to continue contributing to the development of the ICC in order to improve it. This report provides an historical background of the negotiations for the Rome Statute, outlines the structure of the ICC as contained in the final Statute, and describes the jurisdiction of the ICC. The report identifies the specific crimes enumerated in the Rome Statute as supplemented by the draft elements of crime. A discussion of procedural safeguards follows, including reference to the draft procedural rules. The report then discusses the implications for the United States as a non-ratifying country when the ICC comes into being, and outlines some legislation enacted and proposed to regulate U.S. relations with the ICC, including versions of the American Servicemembers[alpha] Protection Act (ASPA) contained in H.R. 1646 and H.R. 4775, the American Servicemember and Citizen Protection Act, H.R. 4169, and the American Citizens[alpha] Protection and War Criminal Prosecution Act of 2001, S. 1296/H.R. 2699.
Detention of American citizens as enemy combatants by Jennifer Elsea ( Book )
11 editions published between 2003 and 2008 in English and held by 130 libraries worldwide
The Supreme Court in 2004 issued three decisions that related to the detention of "enemy combatants," including two that deal with U.S. citizens in military custody on American soil. In Hamdi v. Rumsfeld, a plurality held that a U.S. citizen allegedly captured during combat in Afghanistan and incarcerated at a Navy brig in South Carolina is entitled to notice and an opportunity to be heard by a neutral decision-maker regarding the government's reasons for detaining him. The Court in Rumsfeld v. Padilla overturned a lower court's grant of habeas corpus to another U.S. citizen in military custody in South Carolina on jurisdictional grounds. The decisions affirm the President's powers to detain "enemy combatants," including those who are U.S. citizens, as part of the necessary force authorized by Congress after the terrorist attacks of September 11, 2001. However the Court appears to have limited the scope of individuals who may be treated as enemy combatants pursuant to that authority, and clarified that such detainees have some due process rights under the U.S. Constitution. This report analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and possibly other organizations as "enemy combatants."
Suspected terrorists and what to do with them by Jennifer Elsea ( Book )
5 editions published in 2006 in English and held by 118 libraries worldwide
Aims to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. This book also describes the procedures used by the World War II military tribunal to try the eight Germans.
The Posse Comitatus Act and related matters : current issues and background by Bonnie Baker ( Book )
1 edition published in 2004 in English and held by 77 libraries worldwide
Military Commissions Act of 2006 : analyses by Jennifer Elsea ( Book )
1 edition published in 2008 in English and held by 57 libraries worldwide
Terrorism and the law of war by Jennifer Elsea ( Book )
2 editions published in 2008 in English and held by 47 libraries worldwide
Declarations of war and authorizations for military forces ( Book )
2 editions published in 2009 in English and held by 40 libraries worldwide
Enemy combatant detainees habeas corpus challenges in federal court by Jennifer Elsea ( Book )
12 editions published between 2006 and 2008 in English and held by 30 libraries worldwide
After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. ss 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of detainees in the District Court for the District of Columbia, where judges have reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. In January 2006, Congress stepped into the fray, passing the Detainee Treatment Act of 2005 (DTA) to require uniform standards for interrogation of persons in the custody of the Department of Defense, and expressly ban cruel, inhumane, or degrading treatment of detainees in the custody of any U.S. agency anywhere overseas. The DTA also divested the courts of jurisdiction to hear some detainees' challenges by eliminating the federal courts' statutory jurisdiction over habeas claims by aliens detained at Guantanamo Bay as well as other causes of action based on their treatment or living conditions. The DTA provides instead for limited appeals of CSRT determinations or final decisions of military commissions. In Hamdan v. Rumsfeld, the Supreme Court rejected the view that the DTA left it without jurisdiction to review a habeas challenge to the validity of military commissions established by President Bush to try suspected terrorists. In holding the military commissions invalid, the Court did not revisit its 2004 opinion in Hamdi v. Rumsfeld upholding the President's authority to detain individuals in connection with antiterrorism operations, and did not resolve whether the petitioner could claim prisoner-of-war (POW) status, but held that "in undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction." The Court's decision has led to efforts in Congress to enact legislation authorizing the President to convene military commissions. The proposed legislation (H.R. 6054, H.R. 6166, S. 3901, S. 3861, and S. 3886) would also amend the DTA to further reduce the access of aliens in U.S. custody overseas to federal court, to the extent that such jurisdiction existed, by eliminating pending and future causes of action other than the limited review of military proceedings permitted under the DTA. Implementation of the DTA, in its present form or as proposed to be amended, to preclude the detainees' access to court may raise constitutional issues with respect to the Suspension Clause (U.S. Const. Art. 1, ss 9, cl. 2), whether it amounts to an impermissible "court-stripping" measure to deprive the Supreme Court of jurisdiction over matters of law entrusted to it by the Constitution, and whether such constitutionally sensitive issues can be avoided in light of the alternative procedures provided.
Proposed change to the Foreign Intelligence Surveillance Act (FISA) under S. 113 by Jennifer Elsea ( Book )
5 editions published between 2003 and 2004 in English and held by 29 libraries worldwide
Private security contractors in Iraq background, legal status, and other issues by Jennifer Elsea ( Book )
4 editions published between 2004 and 2007 in English and held by 28 libraries worldwide
The United States is relying heavily on private firms to supply a wide variety of services in Iraq, including security. From the information available in published sources, this apparently is the first time that the United States has depended on contractors to provide such extensive security in a hostile environment, although it has previously contracted for more limited security services in Afghanistan, Bosnia, and elsewhere. In Iraq, private firms known as Private Security Companies (PSC) are currently providing security services such as the protection of individuals, nonmilitary transport convoys, buildings and other economic infrastructure, as well as the training of Iraqi police and military personnel.
U.S. treatment of prisoners in Iraq selected legal issues by Jennifer Elsea ( Book )
6 editions published between 2004 and 2005 in English and held by 27 libraries worldwide
Photographs depicting the apparent abuse of Iraqi detainees at the hands of U.S. military personnel at Abu Ghraib prison in Iraq have resulted in numerous investigations, congressional hearings, and prosecutions, raising questions regarding the applicable law. The international law of armed conflict, in particular, those parts relating to belligerent occupation, applies to Iraq. The four Geneva Conventions of 1949 related to the treatment of prisoners of war (POW) and civilian detainees, as well as the Hague Regulations define the status of detainees and state responsibility for their treatment. Other international law relevant to human rights and to the treatment of prisoners may also apply. For example, the International Convenant on Civil and Political Rights prohibits "cruel, inhuman or degrading treatment." The U.N. Declaration of Human Rights and the U.N. Convention Against Torture (CAT) is also relevant. Federal statutes that implement the relevant international law, such as the War Crimes Act of 1996 and the Torture Victim Protection Act, as well as the War Crimes Act of 1996 and the Torture Victim Protection Act, as well as other criminal statutes with extraterritorial application may also come into play. Finally, the law of Iraq as amended by regulations issued by the Coalition Provisional Authority (CPA) may apply in some circumstances. This report summarizes pertinent provisions of the Geneva Conventions Relative to the Treatment of Victims of War (Geneva Conventions) and other relevant international agreements.
Treatment of "battlefield detainees" in the war of terrorism by Jennifer Elsea ( Book )
9 editions published between 2003 and 2007 in English and held by 26 libraries worldwide
This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees' status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection witht he war against terrorism (H.R. 3038, S. 12, H.R. 2863, S. 1042, H.R. 3003).
Iraq June 30, 2004, transition to sovereignty by Kenneth Katzman ( Book )
3 editions published in 2004 in English and held by 25 libraries worldwide
Options for trying Saddam Hussein for international crimes by Jennifer Elsea ( Book )
3 editions published in 2004 in English and held by 25 libraries worldwide
The Supreme Court and detainees in the war on terrorism summary and analysis of recent decisions by Jennifer Elsea ( Book )
2 editions published in 2004 in English and held by 24 libraries worldwide
Security in Iraq ( Book )
1 edition published in 2010 in English and held by 22 libraries worldwide
Terrorism some legal restrictions on military assistance to domestic authorities following a terrorist attack by Charles Doyle ( Book )
4 editions published between 2004 and 2005 in English and held by 20 libraries worldwide
Congressional authority to limit U.S. military operations in Iraq by Jennifer Elsea ( Book )
3 editions published in 2007 in English and held by 20 libraries worldwide
On October 16, 2002, President Bush signed the Authorization for Use of Military Force against Iraq Resolution of 2002. Since the March 2003 invasion of Iraq, Congress has enacted appropriation bills to fund the continuation of the Iraq war, including military training, reconstruction, and other aid for the government of Iraq. The situation in Iraq has focused attention on whether Congress has the constitutional authority to legislate limits on the President's authority to conduct military operations in Iraq, even though it did not initially provide express limits. Specifically under consideration is whether Congress may, through limitations on appropriations, set a ceiling on the number of soldiers the President may assign to duty in Iraq. It has been suggested that the President's role as Commander-in-Chief of the Armed Forces provides sufficient authority for his deployment of additional troops, and any efforts on the part of Congress to intervene could represent an unconstitutional violation of separation-of-powers principles. While even proponents of strong executive prerogative in matters of war appear to concede that it is within Congress's authority to cut off funding entirely for a military operation, it has been suggested that spending measures that restrict but do not end financial support for the war in Iraq would amount to an "unconstitutional condition." The question may turn on whether the President's proposal is a purely operational decision committed to the President in his role as Commander-in-Chief, or whether congressional action to prevent the proposal's carrying out is a valid exercise of Congress's authority to allocate resources using its war powers and power of the purse. This report provides background and discusses constitutional provisions allocating war powers between Congress and the President. It presents an historical overview of relevant court cases followed by some examples of measures enacted by Congress to restrict military operations. The report includes a discussion of possible alternative avenues to fund operations in the event Congress were to restrict appropriations for the war in Iraq. Finally, the report provides a brief analysis of arguments that might be brought to bear on the question of Congress's authority to limit the availability of troops to serve in Iraq, and concludes that, although not beyond debate, such a restriction appears to be within Congress's authority to allocate resources for military operations.
Federal and state quarantine and isolation authority by Kathleen S Swendiman ( Book )
4 editions published between 2005 and 2007 in English and held by 15 libraries worldwide
Armed Forces--Civic action Civil rights Combatants and noncombatants (International law) Criminal justice, Administration of Cuba--Guantánamo Bay Naval Base Detention of persons Due process of law Eavesdropping Executive power Government contractors Habeas corpus Human rights--Government policy Hussein, Saddam,--1937-2006 Intelligence service--Law and legislation International courts International Criminal Court International criminal courts International relations Iraq Iraq War (2003-) Isolation (Hospital care) Law enforcement Military courts National security--Law and legislation Police, Private--Legal status, laws, etc. Political science Posse Comitatus Act (Use of Army : United States) Prisoners Prisoners--Civil rights Prisoners--Death Prisoners--Legal status, laws, etc. Prisoners of war Prisoners of war--Legal status, laws, etc. Private security services Quarantine--Law and legislation SARS (Disease) September 11 Terrorist Attacks (2001) Terrorism Terrorism--Government policy Terrorism--Prevention Terrorism--Prevention--Law and legislation Terrorists United States Viruses--Isolation War, Declaration of War and emergency powers War crimes War crime trials War on Terrorism (2001-2009) Wiretapping