You are here

Appropriate Adjective: Executive Authority and the Classification of Enemy Combatants

Download pdf | Full Screen View

Date Issued:
2019
Abstract/Description:
Is the term enemy combatant an established legal category of persons under international law? Has the President exceeded his constitutional authority in classifying United States citizens who are suspected terrorists as enemy combatants? In 2018 a U.S. citizen was released after being held for 13 months as an enemy combatant. He was detained without being charged with a crime and without the ability to challenge the legality of his detention. This thesis serves two purposes. First, it will seek to trace the history of the term enemy combatant and highlight the evolution of its use by the executive branch. This thesis then examines whether the executive has exceeded his constitutional authority to classify a United States citizen as an enemy combatant. While most of the literature focuses on the treatment and detention of enemy combatants, existing scholarship largely overlooks the issue of authority to classify enemy combatants. This thesis will argue that the executive is overstepping the boundaries of its presidential power when the executive branch creates the criteria (a legislative function) for enemy combatants and applies the criteria in the classification of enemy combatants (a judicial function). This qualitative study will use normative legal research focusing on the principles of the law in classifying a suspected terrorist as an enemy combatant as well as the legal history of the term. The analysis of the legal history of the term enemy combatant will be completed by content analysis using Nvivo 12 software of various government documents as well as case studies of enemy combatant cases.
Title: Appropriate Adjective: Executive Authority and the Classification of Enemy Combatants.
0 views
0 downloads
Name(s): Davis, Taraleigh, Author
Merriam, Eric, Committee Chair
Bledsoe, Robert, Committee Member
Edwards, Barry, Committee Member
University of Central Florida, Degree Grantor
Type of Resource: text
Date Issued: 2019
Publisher: University of Central Florida
Language(s): English
Abstract/Description: Is the term enemy combatant an established legal category of persons under international law? Has the President exceeded his constitutional authority in classifying United States citizens who are suspected terrorists as enemy combatants? In 2018 a U.S. citizen was released after being held for 13 months as an enemy combatant. He was detained without being charged with a crime and without the ability to challenge the legality of his detention. This thesis serves two purposes. First, it will seek to trace the history of the term enemy combatant and highlight the evolution of its use by the executive branch. This thesis then examines whether the executive has exceeded his constitutional authority to classify a United States citizen as an enemy combatant. While most of the literature focuses on the treatment and detention of enemy combatants, existing scholarship largely overlooks the issue of authority to classify enemy combatants. This thesis will argue that the executive is overstepping the boundaries of its presidential power when the executive branch creates the criteria (a legislative function) for enemy combatants and applies the criteria in the classification of enemy combatants (a judicial function). This qualitative study will use normative legal research focusing on the principles of the law in classifying a suspected terrorist as an enemy combatant as well as the legal history of the term. The analysis of the legal history of the term enemy combatant will be completed by content analysis using Nvivo 12 software of various government documents as well as case studies of enemy combatant cases.
Identifier: CFE0007448 (IID), ucf:52703 (fedora)
Note(s): 2019-05-01
M.A.
Sciences, Pol, Scty and Intl Afrs, Schl of
Masters
This record was generated from author submitted information.
Subject(s): enemy combatant -- terrorism -- national security law -- due process -- executive authority -- separation of powers -- Geneva Convention -- AUMF -- International Law
Persistent Link to This Record: http://purl.flvc.org/ucf/fd/CFE0007448
Restrictions on Access: public 2019-05-15
Host Institution: UCF

In Collections