Detention, Treatment, and Trial of Certain Non- Citizens in the War Against Terrorism

2001-11-16
Signed by: George W. Bush
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Headline: Detention and Military Trials Ordered for Certain Non-Citizens

What it does: The order directs the Defense Department to detain specified non-U.S. citizens and try them before military commissions.

Real World Impact:
  • Allows detention of designated non-U.S. citizens inside or outside the United States.
  • Creates military commissions that can sentence individuals to life imprisonment or death.
  • Bars these detainees from seeking relief in U.S., foreign, or international courts.
Topics: counterterrorism, detention policy, military trials, national security, legal rights

Summary

This order allows the Defense Department to detain certain non‑U.S. citizens suspected of membership in or support for international terrorist groups, including al Qaida, and to hold them in military custody.

When these individuals are tried, the order requires that they be tried by military commissions under rules set by the Defense Department, and it directs other government departments to provide assistance; it also limits their ability to seek relief in civilian or international courts.

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