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RightlessnessTestimony and Redress in U.S. Prison Camps since World War II$
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A. Naomi Paik

Print publication date: 2016

Print ISBN-13: 9781469626314

Published to North Carolina Scholarship Online: September 2016

DOI: 10.5149/northcarolina/9781469626314.001.0001

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PRINTED FROM UNIVERSITY OF NORTH CAROLINA PRESS SCHOLARSHIP ONLINE (www.northcarolina.universitypressscholarship.com). (c) Copyright University of North Carolina Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NCSO for personal use.date: 28 July 2021

Creating the Enemy Combatant

Creating the Enemy Combatant

Performances of Justice and Realities of Rightlessness

Chapter:
(p.153) 5 Creating the Enemy Combatant
Source:
Rightlessness
Author(s):

A. Naomi Paik

Publisher:
University of North Carolina Press
DOI:10.5149/northcarolina/9781469626314.003.0006

Following a trail of state documents, this chapter examines how the U.S. government produced not only a new rightless subject in the “enemy combatant,” but also a parallel, quasi-legal system created specifically to perform the workings of justice, while in fact maintaining conditions of rightlessness in the face of legal and political challenges. Based on research in the Torture Archives and records of the Department of Defense, I trace a legal history of these emergent subjects and systems by analyzing executive memos that circulated following September 11, 2001 attacks; federal court cases like Rasul v. Bush (2004), Hamdan v. Rumsfeld (2006), and Boumediene v. Bush (2008); and legislation like the Detainee Treatment Act (2005) and Military Commissions Act (2006, 2009). The chapter then focuses on the testimonies of enemy combatants, who seized the opportunities to speak before the quasi-legal stages of the Combatant Status Review Tribunals and military commissions to testify to the realities of rightlessness and leverage incisive critiques of U.S. state violence.

Keywords:   Rasul v. Bush (2004), Hamdan v. Rumsfeld (2006), Boumediene v. Bush (2008), Combatant Status Review Tribunals (CSRT), Military Commissions Act (MCA), Military Commissions, torture, torture memos, Guantánamo, Detainee Treatment Act (DTA), enemy combatant

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