News about "enemy combatants"

"In a filing today with the federal District Court for the District of Columbia, the Department of Justice submitted a new standard for the government’s authority to hold detainees at the Guantanamo Bay Detention Facility. The definition does not rely on the President’s authority as Commander-in-Chief independent of Congress’s specific authorization. It draws on the international laws of war to inform the statutory authority conferred by Congress. It provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial. And it does not employ the phrase “enemy combatant.” "

"The Department also submitted a declaration by Attorney General Eric Holder stating that, under executive orders issued by President Obama, the government is undertaking an interagency review of detention policy for individuals captured in armed conflicts or counterterrorism operations as well as a review of the status of each detainee held at Guantanamo. The outcome of those reviews may lead to further refinements of the government’s position as it develops a comprehensive policy."

The full implications of the documents (here and here) are above my pay grade, so I'm gonna hold off on commenting for now. Seems at a glance, though, that this is a marked improvement over the status quo, but not everything civil libertarians would have liked to see. Full press release below the fold.

Update: Adam Serwer talks to some lawyers:

"The new definition is way too broad and, in critical respects, reflects a continuation of the prior administration's wrongheaded and illegal detention policy," says Jonathan Hafetz of the ACLU. "In particular, it continues to treat terror suspects as a military, rather than criminal justice matter, and to claim the authority to seize and detain individuals captured beyond the battlefield indefinitely and without charges."

Ken Gude, a human rights expert at the Center for American Progress, suggests the administration may be trying to buy time.

"Recognizing that this is a process that is ongoing, that the process of developing the Obama administration’s detention policy is ongoing," Gude says, "this authority articulated today still needs significant improvement to bring it in line with past practice of the U.S. military and their obligations under international law.”

Obviously the administration has a lot on their plate when it comes to revamping our approach to fighting terrorism. The numerous court cases they're faced with have forced them to move more quickly on developing a detention policy than they'd like. But many changes so far have been incremental, or in the case of the state secrets doctrine, entirely consistent with the Bush administration.

FOR IMMEDIATE RELEASE AG

FRIDAY, MARCH 13, 2009 (202) 514-2007

WWW.USDOJ.GOV TDD (202) 514-1888

DEPARTMENT OF JUSTICE WITHDRAWS “ENEMY COMBATANT” DEFINITION

FOR GUANTANAMO DETAINEES

In a filing today with the federal District Court for the District of Columbia, the Department of Justice submitted a new standard for the government’s authority to hold detainees at the Guantanamo Bay Detention Facility. The definition does not rely on the President’s authority as Commander-in-Chief independent of Congress’s specific authorization. It draws on the international laws of war to inform the statutory authority conferred by Congress. It provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial. And it does not employ the phrase “enemy combatant.”
The Department also submitted a declaration by Attorney General Eric Holder stating that, under executive orders issued by President Obama, the government is undertaking an interagency review of detention policy for individuals captured in armed conflicts or counterterrorism operations as well as a review of the status of each detainee held at Guantanamo. The outcome of those reviews may lead to further refinements of the government’s position as it develops a comprehensive policy.
“As we work towards developing a new policy to govern detainees, it is essential that we operate in a manner that strengthens our national security, is consistent with our values, and is governed by law,” said Attorney General Holder. “The change we’ve made today meets each of those standards and will make our nation stronger.”
In its filing today, the government bases its authority to hold detainees at Guantanamo on the Authorization for the Use of Military Force, which Congress passed in September 2001, and which authorized the use of force against nations, organizations, or persons the president determines planned, authorized, committed, or aided the September 11 attacks, or harbored such organizations or persons. The government’s new standard relies on the international laws of war to inform the scope of the president’s authority under this statute, and makes clear that the government does not claim authority to hold persons based on insignificant or insubstantial support of al Qaeda or the Taliban.
The brief was filed in habeas litigation brought by numerous detainees at Guantanamo who are challenging their detention under the Supreme Court’s decision last summer in Boumediene v. Bush.