Discuss the indefinite detention of enemy combatants

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Question: J is an American who obtained his citizenship two years ago. He was recently caught fighting against U.S. forces in Iraq. He says he is not a member of Al Qaeda, but sympathizes with the cause of Iraq and is fighting to prevent continued American presence in that country. He was brought to the Guantánamo Bay Detention Center, in Cuba, and has been detained there for the past six months. Questions: Is J entitled to access to U.S. civilian courts, or is his case to be tried and resolved in military courts? Can J be detained indefinitely under army custody, assuming indefinite detention of enemy combatants is allowed under U.S. Military Law? Is J entitled to a civilian lawyer during trial like any other U.S. citizen who is tried for a serious crime? Finally, are his rights the same as or different from rights given to non-Americans captured in Iraq while fighting against U.S. military forces?

Reference no: EM131908050

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