The Detention of Unlawful Enemy Combatants During the War on Terror (Law and Society) (Law and Society: Recent Scholarship)

Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the new enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay. Finally, she gives an historical overview of enemy combatants in previous United States wars and conflicts.