Enemy combatants are extremely guarded as they are regarded as enemies of the state. They are usually under the control of the secretary of the state. With regard to alien terrorist, the law requires that he or she must be detained in prison awaiting trial. He will be tried in a civilian court and the prosecution will have to prove his case. The burden of proof is that of unreasonable doubt. If a person is found guilty of acts of terrorism by the trial court, he or she will be deported by the United States. This is, however, subject to several treaties that the United States government has signed in the international community. They have to be respected. On the other hand, materials witnesses will first be asked come voluntary come to court. If the person refuses to present himself in court then a court of law can compel him through a subpoena. The law provides that all witnesses that are competent to testify can be compelled to appear before that court. It is also vital to note that no material witness can be held in custody unless in contempt of court.
Since 9/11 there are laws, regulations and policies have been enacted throughout the United States that are harsh to terrorists, their financiers and sympathizers. It is the duty of the Attorney General of the United States of America to determine whether an alien is an alien terrorist. The Attorney General can then seek orders that to deport the alien. The AG will file an application in a court of law. There shall be a hearing in accordance with the applicable law. The law requires that the court expedites the hearing in order to determine the whether to deport the alien terrorist or not. The main point to be proved by the AG is that the alien was a terrorist. Once this is determined, the court should then grant the AG orders to deport the alien terrorist. This process is protected from judicial reviews including orders of custody and habeas corpus. The Attorney General in consultation with the Secretary of State will determine where the destination of the alien will be with regard to the nationality of the alien.
There are numerous statutes, judicial decisions, laws and regulations that are primarily concerned with the treatment of ‘enemy combatants’ that are arrested outside the jurisdiction of the United States government. These are usually referred to us the ‘prisoners of war’. The case of Rasul v Bush provided succulently for the treatments of prisoners who are regarded as the ‘war on terror’. The government also established combatant status tribunals that are supposed to review regularly the status of terrorist laws. In the case of Boumediene v Bush, the petitions sought court orders that sought to quash the Bush administration detection policies. There are also others Guantanamo detainees’ cases including the famous cases of Khalid v Bush and the case Hamdan v Rumsfeld. It is also vital to note that this area has a significant number of statutes that govern the process. Some of them include the Detainee Treatment Act of 2005, the Geneva Convention of which the United States of America is a signatory and the Military Commissions Act of 2006 among others.
Abrams , N. (2012). Abrams's Anti-Terrorism and Criminal Enforcement, 4th.