Enemy Combatants: National Security vs. Due Process

Abstract : During the course of the Global War on Terrorism (GWOT), several hundred foreign nationals suspected of terrorism or supporting terrorism have been captured by United States (U.S) forces and their allies. Many of them are being held at the U.S. Naval Base in Guantanamo Bay, Cuba. U.S. Government officials designated these individuals as or unlawful combatants, who are not entitled to the same protections as a prisoner of war under the 1949 Geneva Conventions. The procedures used to determine that these individuals were enemy combatants were subject to numerous legal challenges and subsequently modified by the Bush Administration. However, questions remain as to its constitutionality. Nevertheless, the current modified process already preserves the balance between due process rights and national security interests, and must be protected against future challenges.