WorldCat Identities

Elsea, Jennifer

Overview
Works: 86 works in 246 publications in 1 language and 3,676 library holdings
Genres: Guidebooks  Rules 
Classifications: KF4941, 328.7307456
Publication Timeline
Key
Publications about  Jennifer Elsea Publications about Jennifer Elsea
Publications by  Jennifer Elsea Publications by Jennifer Elsea
Most widely held works by Jennifer Elsea
Declarations of war and authorizations for military forces by David M Ackerman ( )
4 editions published in 2009 in English and held by 801 WorldCat member libraries worldwide
Security in Iraq by James L Jones ( )
6 editions published between 2009 and 2010 in English and held by 770 WorldCat member libraries worldwide
Terrorism and the law of war by Jennifer Elsea ( )
2 editions published in 2008 in English and held by 637 WorldCat member libraries worldwide
Treatment of battlefield detainees in the war on terrorism by Jennifer Elsea ( Book )
28 editions published between 2002 and 2007 in English and held by 266 WorldCat member libraries worldwide
In June 2004, the U.S. Supreme Court ruled in Rasul v. Bush that U.S. courts have jurisdiction to hear challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism. The Court overturned a ruling that no U.S. court has jurisdiction to hear petitions for habeas corpus on behalf of the detainees because they are aliens detained abroad, but left questions involving prisoners rights and status unanswered. The 9/11 Commission recommended a common coalition approach to such detention. Congress enacted the Detainee Treatment Act of 2005 (DTA), P.L. 109-148, to establish standards for interrogation and to deny detainees access to federal courts to file habeas petitions but allow limited appeals of status determinations and final decisions of military commissions. Congress approved the Military Commissions Act of 2006 (MCA), P.L. 109-366, to authorize military commissions for the prosecution of detainees for war crimes. The Bush Administration earlier deemed all of the detainees to be 'unlawful combatants, ' who may, according to Administration officials, be held indefinitely without trial or even if they are acquitted by a military tribunal. The President's decision to deny the detainees prisoner-of-war (POW) status remains a point of contention, in particular with respect to members of the Taliban, with some arguing that it is based on an inaccurate interpretation of the Geneva Convention for the Treatment of Prisoners of War (GPW). 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 with the war against terrorism. The report also summarizes legislative proposals in the 110th Congress, including H.R. 1 and H.R. 267
International Criminal Court : overview and selected legal issues by Jennifer Elsea ( Book )
13 editions published between 2002 and 2009 in English and held by 252 WorldCat member 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
Suspected terrorists and what to do with them by Jennifer Elsea ( Book )
5 editions published in 2006 in English and held by 119 WorldCat member 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
Detention of American citizens as enemy combatants by Jennifer Elsea ( Book )
5 editions published between 2004 and 2008 in English and held by 100 WorldCat member libraries worldwide
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 WorldCat member libraries worldwide
Enemy combatant detainees habeas corpus challenges in federal court by Jennifer Elsea ( Book )
22 editions published between 2006 and 2010 in English and held by 65 WorldCat member libraries worldwide
After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. ʹ 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 [beta]Combatant Status Review Tribunals[gamma] (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 the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention.It will be updated as events warrant
Detention of American citizens as enemy combatants by Jennifer Elsea ( Book )
10 editions published between 2003 and 2005 in English and held by 62 WorldCat member 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."
Military Commissions Act of 2006 : analyses by Jennifer Elsea ( Book )
1 edition published in 2008 in English and held by 57 WorldCat member libraries worldwide
Proposed change to the Foreign Intelligence Surveillance Act (FISA) under S. 113 by Jennifer Elsea ( Book )
4 editions published between 2003 and 2004 in English and held by 50 WorldCat member libraries worldwide
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 48 WorldCat member 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
Private security contractors in Iraq background, legal status, and other issues by Jennifer Elsea ( Book )
9 editions published between 2004 and 2010 in English and Undetermined and held by 35 WorldCat member 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. 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. The use of armed contractors raises several concerns for many Members, including transparency and accountability. Transparency issues include the lack of public information on the terms of their contracts, including their costs and the standards governing their hiring and performance, as well as the background and training of those hired under contract. The apparent lack of a practical means to hold contractors accountable under U.S. law for abuses and other transgressions, and the possibility that they could be prosecuted by foreign courts, is also a source of concern. This report summarizes what is currently known about companies that provide personnel for security missions in Iraq and some sources of controversy surrounding them. A treatment of legal status and authorities follows, including an overview of relevant international law as well as Iraqi law, which currently consists primarily of Coalition Provisional Authority (CPA) orders that remain in effect until superceded. The various possible means for prosecuting contractors under U.S. law in civilian or military courts are detailed, followed by a discussion of possible issues for Congress. This report will be updated as events warrant
Iraq June 30, 2004, transition to sovereignty by Kenneth Katzman ( Book )
3 editions published in 2004 in English and held by 25 WorldCat member 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 WorldCat member libraries worldwide
The Military Commissions Act of 2006 background and proposed amendments by Jennifer Elsea ( )
in English and held by 24 WorldCat member libraries worldwide
This report provides a background and analysis of military commissions rules under the MCA. After reviewing the history of the implementation of military commissions in the "global war on terrorism," the report provides an overview of the procedural safeguards provided in the MCA. The report identifies pending legislation, including Senate-passed S. 1390, and describes proposals suggested by the Obama Administration. Finally, the report provides two charts comparing the MCA with proposed legislation. The first chart describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart, which compares procedural safeguards under the MCA with those established for courts-martial as well as proposed amendments to the MCA, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, to facilitate comparison with safeguards provided in federal court and international criminal tribunals
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 23 WorldCat member libraries worldwide
Implications of the Vienna Convention on Consular Relations upon the regulation of consular identification cards by Jennifer Elsea ( Book )
4 editions published in 2005 in English and held by 22 WorldCat member libraries worldwide
Recent controversy regarding the use of consular identification cards (IDs) by aliens within the United States, in particular Mexico's matricula consular, has led to calls for legislation to regulate the issuance of the cards by foreign missions or their acceptance by U.S. government and private entities. This report identifies possible implications that U.S. regulation or monitoring of the issuance of these cards by foreign missions might have upon U.S. obligations under the Vienna Convention on Consular Relations (VCCR), which protects foreign missions in the exercise of their legitimate consular functions and codifies customary international law with respect to the inviolability of consular premises and documents. The REAL ID Act (P.L. 109-13, Division B) prohibits states, when issuing drivers licenses or state ID cards, from accepting for purposes of personal identification foreign documents other than valid passports, if such drivers licenses or ID cards are to be accepted for federal purposes. Other recent legislative proposals aimed at restricting the acceptance (but not the issuance) of consular IDs include H.R. 688, the SAFER Act, introduced by Representative J. Gresham Barrett on February 9, 2005; H.R. 815, the Financial Customer Identification Verification Improvement Act, introduced by Representative Scott Garrett on February 15, 2005; and H.R. 925, the Identification Integrity Act of 2005, introduced by Representative Elton Gallegly on February 17, 2005
Terrorism some legal restrictions on military assistance to domestic authorities following a terrorist attack by Charles Doyle ( Book )
6 editions published between 2004 and 2005 in English and held by 22 WorldCat member libraries worldwide
The Constitution empowers the President to act as Commander in Chief of the armed forces and to see to the execution of federal law; it gives Congress the authority to make federal law including laws for the regulation of the armed forces. The Posse Comitatus Act prohibits use of the armed forces to perform civilian governmental tasks unless explicitly authorized to do so. There are statutory exceptions to ensure continued enforcement of state and federal law, to provide disaster assistance, and to provide technical support for law enforcement. Further exceptions are proposed (H.R. 1986, H.R. 1815). There are constitutional impediments to the use of the military to nationalize an industry, to try civilians, and to compel state officials to perform federally-imposed duties. Unlawful use of the armed forces might result in criminal or civil liability for responsible authorities and frustrate prosecution of terrorists. For a more complete discussion, see CRS Report 95-964, The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law
 
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Alternative Names
Elsea, Jennifer
Elsea, Jennifer K.
Languages
English (134)
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