WorldCat Identities

Elsea, Jennifer

Overview
Works: 110 works in 342 publications in 1 language and 5,679 library holdings
Genres: Guidebooks  Rules 
Roles: Author
Classifications: JK1108, 341.650973
Publication Timeline
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Most widely held works by Jennifer Elsea
Treatment of battlefield detainees in the war on terrorism by Jennifer Elsea( Book )

30 editions published between 2002 and 2007 in English and held by 246 WorldCat member libraries worldwide

This report provides an overview of the law of war and the historical treatment of wartime detainees, in particular the U.S. practice; describes how the detainees' status might affect their rights and treatment; and summarizes activity of the 108th and 109th Congresses related to detention in connection witht he war against terrorism (H.R. 3038, S. 12, H.R. 2863, S. 1042, H.R. 3003)
Detention of American citizens as enemy combatants by Jennifer Elsea( Book )

16 editions published between 2003 and 2008 in English and held by 148 WorldCat member libraries worldwide

The Supreme Court in 2004 issued three decisions that related to the detention of "enemy combatants," including two that deal with U.S. citizens in military custody on American soil. In Hamdi v. Rumsfeld, a plurality held that a U.S. citizen allegedly captured during combat in Afghanistan and incarcerated at a Navy brig in South Carolina is entitled to notice and an opportunity to be heard by a neutral decision-maker regarding the government's reasons for detaining him. The Court in Rumsfeld v. Padilla overturned a lower court's grant of habeas corpus to another U.S. citizen in military custody in South Carolina on jurisdictional grounds. The decisions affirm the President's powers to detain "enemy combatants," including those who are U.S. citizens, as part of the necessary force authorized by Congress after the terrorist attacks of September 11, 2001. However the Court appears to have limited the scope of individuals who may be treated as enemy combatants pursuant to that authority, and clarified that such detainees have some due process rights under the U.S. Constitution. This report analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and possibly other organizations as "enemy combatants."
International Criminal Court : overview and selected legal issues by Jennifer Elsea( Book )

14 editions published between 2002 and 2006 in English and Undetermined and held by 133 WorldCat member libraries worldwide

On April 11, 2002, the Rome Statute of the International Criminal Court received its sixtieth ratification, meaning it will come into effect July 1, 2002, establishing the first global permanent international court with jurisdiction to prosecute individuals for [beta]the most serious crimes of concern to the international community.[gamma] The United Nations, many human rights organizations, and most democratic nations have expressed support for the new court. The Bush Administration firmly opposes it and has formally renounced the U.S. obligations under the treaty. At the same time, however, the Administration has stressed that the United States shares the goal of the ICC[alpha]s supporters ₁ promotion of the rule of law ₁ and does not intend to take any action to undermine the ICC. The primary objection given by the United States in opposition to the treaty is the ICC[alpha]s possible assertion of jurisdiction over U.S. soldiers charged with [beta]war crimes[gamma] resulting from legitimate uses of force. The main issue faced by the current Congress is whether to adopt a policy aimed at preventing the ICC from becoming effective or whether to continue contributing to the development of the ICC in order to improve it. This report provides an historical background of the negotiations for the Rome Statute, outlines the structure of the ICC as contained in the final Statute, and describes the jurisdiction of the ICC. The report identifies the specific crimes enumerated in the Rome Statute as supplemented by the draft elements of crime. A discussion of procedural safeguards follows, including reference to the draft procedural rules. The report then discusses the implications for the United States as a non-ratifying country when the ICC comes into being, and outlines some legislation enacted and proposed to regulate U.S. relations with the ICC, including versions of the American Servicemembers[alpha] Protection Act (ASPA) contained in H.R. 1646 and H.R. 4775, the American Servicemember and Citizen Protection Act, H.R. 4169, and the American Citizens[alpha] Protection and War Criminal Prosecution Act of 2001, S. 1296/H.R. 2699
Suspected terrorists and what to do with them by Jennifer Elsea( Book )

5 editions published in 2006 in English and held by 116 WorldCat member libraries worldwide

Aims to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. This book also describes the procedures used by the World War II military tribunal to try the eight Germans
The Posse Comitatus Act and related matters : current issues and background by Bonnie Baker( Book )

1 edition published in 2004 in English and held by 76 WorldCat member libraries worldwide

Military Commissions Act of 2006 : analyses by Jennifer Elsea( Book )

1 edition published in 2008 in English and held by 56 WorldCat member libraries worldwide

Guantanamo detainees habeas corpus challenges in federal court by Jennifer Elsea( Book )

24 editions published between 2005 and 2010 in English and held by 55 WorldCat member libraries worldwide

After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of "habeas corpus." In January 2006, Congress stepped into the fray, passing the Detainee Treatment Act of 2005 (DTA) to require uniform standards for interrogation of persons in the custody of the Department of Defense, and expressly to ban cruel, inhuman, or degrading treatment of detainees in the custody of any U.S. agency anywhere overseas. The DTA also divested the courts of jurisdiction to hear some detainees' challenges by eliminating the federal courts' statutory jurisdiction over "habeas" claims by aliens detained at Guantanamo Bay as well as other causes of action based on their treatment or living conditions. The DTA provides instead for limited appeals of CSRT determinations or final decisions of military commissions. In Hamdan v. Rumsfeld, the Supreme Court rejected the view that the DTA left it without jurisdiction to review a habeas challenge to the validity of military commissions established by President Bush to try suspected terrorists. In holding the military commissions invalid, the Court did not revisit its 2004 opinion in Hamdi v. Rumsfeld upholding the President's authority to detain individuals in connection with antiterrorism operations, and did not resolve whether the petitioner could claim prisoner-of-war (POW) status, but held that "in undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction."
Terrorism and the law of war by Jennifer Elsea( Book )

9 editions published between 2001 and 2008 in English and Undetermined and held by 52 WorldCat member libraries worldwide

The purpose of this report is to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. The report will first present an outline of the sources and principles of the law of war, including a discussion of whether and how it might apply to the current terrorist crisis. A brief explanation of the background issues and arguments surrounding the use of military commissions will follow. The report will then explore the legal bases and implications of applying the law of war under United States law, summarize precedent for its application by military commissions, and provide an analysis of the President's Military Order of November 13, 2001. Finally, the report discusses considerations for establishing rules of procedure and evidence that comport with international standards
Proposed change to the Foreign Intelligence Surveillance Act (FISA) under S. 113 by Jennifer Elsea( Book )

6 editions published between 2003 and 2004 in English and held by 49 WorldCat member libraries worldwide

The Senate recently passed S. 113, a bill in the 108th Congress to extend the coverage of the Foreign Intelligence Surveillance Act ("FISA") to non-United States persons who engage in international terrorism or activities in preparation for international terrorism, without a showing of membership in or affiliation with an international terrorist group. FISA provides a means by which the government can obtain approval to conduct electronic surveillance (wiretap) and other searches with respect to a foreign power or its agents in order to obtain intelligence related to espionage, terrorism, or other matters involving national security
U.S. treatment of prisoners in Iraq selected legal issues by Jennifer Elsea( Book )

8 editions published between 2004 and 2005 in English and held by 46 WorldCat member libraries worldwide

Photographs depicting the apparent abuse of Iraqi detainees at the hands of U.S. military personnel at Abu Ghraib prison in Iraq have resulted in numerous investigations, congressional hearings, and prosecutions, raising questions regarding the applicable law. The international law of armed conflict, in particular, those parts relating to belligerent occupation, applies to Iraq. The four Geneva Conventions of 1949 related to the treatment of prisoners of war (POW) and civilian detainees, as well as the Hague Regulations define the status of detainees and state responsibility for their treatment. Other international law relevant to human rights and to the treatment of prisoners may also apply. For example, the International Convenant on Civil and Political Rights prohibits "cruel, inhuman or degrading treatment." The U.N. Declaration of Human Rights and the U.N. Convention Against Torture (CAT) is also relevant. Federal statutes that implement the relevant international law, such as the War Crimes Act of 1996 and the Torture Victim Protection Act, as well as the War Crimes Act of 1996 and the Torture Victim Protection Act, as well as other criminal statutes with extraterritorial application may also come into play. Finally, the law of Iraq as amended by regulations issued by the Coalition Provisional Authority (CPA) may apply in some circumstances. This report summarizes pertinent provisions of the Geneva Conventions Relative to the Treatment of Victims of War (Geneva Conventions) and other relevant international agreements
Declarations of war and authorizations for military forces by Jennifer Elsea( Book )

13 editions published between 2006 and 2014 in English and Undetermined and held by 43 WorldCat member libraries worldwide

This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under War Powers Resolution
Federal and state quarantine and isolation authority by Kathleen S Swendiman( Book )

7 editions published between 2005 and 2007 in English and held by 33 WorldCat member libraries worldwide

In the wake of recent terrorist attacks and increasing fears about the spread of highly contagious diseases, such as severe acute respiratory syndrome (SARS) and pandemic influenza, federal, state, and local governments have become increasingly aware of the need for a comprehensive public health response to such events. An effective response could include the quarantine of persons exposed to infectious biological agents that are naturally occurring or released during a terrorist attack, the isolation of infected persons, and the quarantine of certain cities or neighborhoods. The public health authority of the states derives from the police powers reserved to them by the Tenth Amendment to the U.S. Constitution. The authority of the federal government to prescribe quarantine and other health measures is based on the Commerce Clause, which gives Congress exclusive authority to regulate interstate and foreign commerce. Thus, state and local governments have the primary authority to control the spread of dangerous diseases within their jurisdictions, and the federal government has authority to quarantine and impose other health measures to prevent the spread of diseases from foreign countries and between states. In addition, the federal government may assist state efforts to prevent the spread of communicable diseases if requested by a state or if state efforts are inadequate to halt the spread of disease. Some state laws are antiquated and, until recently, have not been reviewed to address the spread of disease resulting from a biological attack. Other state laws do not cover newly emerging diseases such as SARS or pandemic influenza. In light of recent events, however, many states are reevaluating their public health emergency authorities and are expected to enact more comprehensive laws relating to quarantine and isolation. Public health experts have developed a Model State Emergency Health Powers Act to guide states as they reevaluate their emergency response plans. This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military enforcement of health measures
Security in Iraq by Nina M Serafino( Book )

9 editions published between 2009 and 2010 in English and Undetermined and held by 32 WorldCat member libraries worldwide

Private security contractors in Iraq background, legal status, and other issues by Jennifer Elsea( Book )

8 editions published between 2004 and 2008 in English and Undetermined and held by 23 WorldCat member libraries worldwide

The United States is relying heavily on private firms to supply a wide variety of services in Iraq, including security. From the information available in published sources, this apparently is the first time that the United States has depended on contractors to provide such extensive security in a hostile environment, although it has previously contracted for more limited security services in Afghanistan, Bosnia, and elsewhere. In Iraq, private firms known as Private Security Companies (PSC) are currently providing security services such as the protection of individuals, nonmilitary transport convoys, buildings and other economic infrastructure, as well as the training of Iraqi police and military personnel
Implications of the Vienna Convention on Consular Relations upon the regulation of consular identification cards by Jennifer Elsea( Book )

4 editions published in 2005 in English and held by 18 WorldCat member libraries worldwide

Recent controversy regarding the use of consular identification cards (IDs) by aliens within the United States, in particular Mexico's matricula consular, has led to calls for legislation to regulate the issuance of the cards by foreign missions or their acceptance by U.S. government and private entities. This report identifies possible implications that U.S. regulation or monitoring of the issuance of these cards by foreign missions might have upon U.S. obligations under the Vienna Convention on Consular Relations (VCCR), which protects foreign missions in the exercise of their legitimate consular functions and codifies customary international law with respect to the inviolability of consular premises and documents
Congressional authority to limit U.S. military operations in Iraq by Jennifer Elsea( Book )

8 editions published between 2007 and 2011 in English and held by 16 WorldCat member libraries worldwide

On October 16, 2002, President Bush signed the Authorization for Use of Military Force against Iraq Resolution of 2002. Since the March 2003 invasion of Iraq, Congress has enacted appropriation bills to fund the continuation of the Iraq war, including military training, reconstruction, and other aid for the government of Iraq. The situation in Iraq has focused attention on whether Congress has the constitutional authority to legislate limits on the President's authority to conduct military operations in Iraq, even though it did not initially provide express limits. Specifically under consideration is whether Congress may, through limitations on appropriations, set a ceiling on the number of soldiers the President may assign to duty in Iraq. This report provides background and discusses constitutional provisions allocating war powers between Congress and the President. It presents an historical overview of relevant court cases followed by some examples of measures enacted by Congress to restrict military operations. The report includes a discussion of possible alternative avenues to fund operations in the event Congress were to restrict appropriations for the war in Iraq. Finally, the report provides a brief analysis of arguments that might be brought to bear on the question of Congress's authority to limit the availability of troops to serve in Iraq, and concludes that, although not beyond debate, such a restriction appears to be within Congress's authority to allocate resources for military operations
The use of federal troops for disaster assistance : legal issues by Jennifer Elsea( Book )

6 editions published between 2005 and 2008 in English and held by 7 WorldCat member libraries worldwide

Hurricane Katrina has raised questions concerning the President's legal authority to send active duty military forces into a disaster area and the permissible functions the military can perform to protect life and property and maintain order. The Stafford Act authorizes the use of the military for disaster relief operations at the request of the state governor, but does not authorize the use of the military to perform law enforcement functions, which is ordinarily prohibited by the Posse Comitatus Act. However, the President may invoke other authorities, such as the Insurrection Act, to use federal troops to aid in the execution of the law. This report summarizes the possible constitutional and statutories and constraints relevant to the use of armed forces, including National Guard units in federal service, to provide assistance to states when a natural disaster impedes the operation of state and local police
U.S. policy regarding the International Criminal Court by Jennifer Elsea( Book )

7 editions published between 2002 and 2006 in English and held by 3 WorldCat member libraries worldwide

One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed legislation that limits U.S. government support and assistance to the ICC; curtains certain military assistance to many countries that have ratified the Rome Statute establishing the ICC; regulates U.S. participation in the United Nations (UN) peacekeeping missions commenced after July 1, 2003; and, most controversially among European allies, authorizes the President to use "all means necessary and appropriate to bring about the release" of certain U.S. and allied persons who may be detained or tried by the ICC. The provision withholding military assistance under the programs for Foreign Military Financing (FMF) and International Military Education and Training (IMET) from certain States Parties to the Rome Statute came into effect on July 1, 2003. The 109th Congress reauthorized the Nethercutt Amendment as part of the FY2006 Consolidated Appropriations Act (H.R. 3057/P.L. 109-102). Unless waived by the President, it bars Economic Support Funds (ESF) assistance to countries that have not agreed to protect U.S. citizens from being turned over to the ICC for prosecution. The ICC is the first permanent world court with nearly universal jurisdiction to try individuals accused of war crimes, crimes against humanity, genocide, and possibly aggression. While most U.S. allies support the ICC, the Bush Administration firmly opposes it and has renounced any U.S. obligations under the treaty. After the Bush Administration threatened to veto a United Nations Security Council resolution to extend the peacekeeping mission in Bosnia on the ground that it did not contain sufficient guarantees that U.S. participants would be immune to prosecution by the ICC, the Security Council adopted a resolution that would defer for one year any prosecution of participants in missions established or authorized by the UN whose home countries have not ratified the Rome Statute. That resolution was renewed through July 1, 2004, but was not subsequently renewed. In addition, the United States is pursuing bilateral "Article 98" agreements to preclude extradition by other countries of U.S. citizens to the ICC. The United States did not exercise its veto power at the Security Council to prevent the referral of a case against Sudan's leaders for the alleged genocide in Darfur. This report outlines the main objection the United States has raised with respect to the ICC and analyzes the American Servicemembers' Protection Act (ASPA), enacted to regulate the U.S. cooperation with the ICC. The report concludes with a discussion of the implications for the United States, as a non-ratifying country, as the ICC begins to take shape, as well as the Administration's efforts to win immunity from the ICC jurisdiction for Americans
Lawsuits against state supporters of terrorism an overview by Jennifer Elsea( Book )

11 editions published between 2005 and 2008 in English and held by 3 WorldCat member libraries worldwide

In 1996 Congress amended the Foreign Service Immunities Act (FSIA) to allow U.S. victims of terrorism to sue certain States responsible for terrorist acts. The terrorist State defendants have refused to appear in court, the courts have handed down large default judgments, the Clinton and Bush Administrations have intervened to block collection on those judgments and Congress has repeatedly enacted measures to facilitate payment. Further complexity has been added by attempts in one suit to abrogate an international agreement, the enactment of retaliatory legislation in some of the terrorist States, the war in Iraq, the suspension of Iraq's and Libya's status as terrorist States, and a proposal to compensate victims through an administrative process. A court ruled that congress has never created a federal cause of action against terrorist States themselves, but only against their officials, employees and agents, and only for their private conduct, not for their official acts. Consequently, plaintiffs have asserted causes of action based on state law
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice by Jennifer Elsea( )

5 editions published between 2002 and 2006 in English and held by 0 WorldCat member libraries worldwide

The Department of Defense recently announced it has filed formal charges against two of the detainees held at the U.S. Naval Station at Guantanamo Bay, Cuba in connection with the war against terrorism. The two will likely be tried soon by military commission convened pursuant to President Bush's Military Order (M.O.) of November 13, 2001 pertaining to the detention, treatment, and trial of certain non- citizens in the current war against terrorism. The M.O. has been the focus of intense debate both at home and abroad. Critics argued that the tribunals could violate the rights of the accused under the Constitution as well as international law, thereby undercutting the legitimacy of any verdicts rendered by the tribunals. The Administration has responded by publishing a series of military orders and instructions clarifying some of the details. The procedural aspects of the trials are to be controlled by Military Commission Order No. 1 (M.C.O. No. 1"). The Department of Defense has also released two more orders and nine "Military Commission Instructions," which set forth the elements of some crimes that may be tried, establish guidelines for civilian attorneys, and provide other administrative guidance. These rules have been praised as a significant improvement over what might have been permitted under the M.O., but some argue that the enhancements do not go far enough
 
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Treatment of battlefield detainees in the war on terrorism
Alternative Names
Elsea, Jennifer

Elsea, Jennifer K.

Languages
English (187)

Covers
Detention of American citizens as enemy combatantsInternational Criminal Court : overview and selected legal issuesSuspected terrorists and what to do with themThe Posse Comitatus Act and related matters : current issues and backgroundMilitary Commissions Act of 2006 : analysesTerrorism and the law of warDeclarations of war and authorizations for military forcesSecurity in Iraq