ABSTRACT

This chapter takes up a set of interrelated topics regarding the legal authority of the use of the military to detain as unprivileged enemy belligerents U.S. citizens seized on U.S. soil. It then turns to the still-not-firmly-settled matter of the necessary and sufficient conditions for determining that a particular individual is an unprivileged enemy belligerent. A section addresses the procedural rights afforded to a detainee, and issues of indefinite detention, forced feeding, and torture (waterboarding).