Detainees Are Not 'Enemy Combatants' Says U.S. Attorney GeneralIn Re: Guantanamo Bay Detainee Litigation
March 13, 2009
In a declaration filed in court by U.S. Attorney General Eric Holder today in federal court, 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.
Also, it does not employ the phrase “enemy combatant.”U.S. Department of Justice