A Presumption of Guilt: The Unlawful Enemy Combatant and the U.S. War on Terror

Abstract

This essay analyzes international human rights and humanitarian law as applicable to U.S. policies regarding "unlawful enemy combatants." It also examines unlawful enemy combatant cases thus far litigated in American courts. The essay concludes by observing how "Guantanamo rules" have been thoroughly integrated into the American legal system, and cautions against current proposals to "fix" Guantanamo Bay. It further provides seven solutions to repair U.S. legal policies regarding detainees and to strengthen America's human rights infrastructure.

Keywords: international human rights law, international humanitarian law, international law, unlawful enemy combatants, Guantanamo Bay, Bush Administration, Obama Administration, Geneva Conventions, International Covenant on Civil and Political Rights, Afghanistan, Iraq, Taliban, al Qaeda, Abu Gharib