General Discussion
In reply to the discussion: "Obama Prepares to Authorize Indefinite Detention of US Citizens for First Time Since McCarthy Era" [View all]Cali_Democrat
(30,439 posts)3 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
4 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF
5 WAR.
6 (1) IN GENERAL.Except as provided in para7
graph (4), the Armed Forces of the United States
8 shall hold a person described in paragraph (2) who
9 is captured in the course of hostilities authorized by
10 the Authorization for Use of Military Force (Public
11 Law 10740) in military custody pending disposition
12 under the law of war.
13 (2) COVERED PERSONS.The requirement in
14 paragraph (1) shall apply to any person whose de15
tention is authorized under section 1031 who is de16
termined
17 (A) to be a member of, or part of, al-
18 Qaeda or an associated force that acts in co19
ordination with or pursuant to the direction of
20 al-Qaeda; and
21 (B) to have participated in the course of
22 planning or carrying out an attack or attempted
23 attack against the United States or its coalition
24 partners.
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1 (3) DISPOSITION UNDER LAW OF WAR.For
2 purposes of this subsection, the disposition of a per3
son under the law of war has the meaning given in
4 section 1031(c), except that no transfer otherwise
5 described in paragraph (4) of that section shall be
6 made unless consistent with the requirements of sec7
tion 1033.
8 (4) WAIVER FOR NATIONAL SECURITY.The
9 Secretary of Defense may, in consultation with the
10 Secretary of State and the Director of National In11
telligence, waive the requirement of paragraph (1) if
12 the Secretary submits to Congress a certification in
13 writing that such a waiver is in the national security
14 interests of the United States.
15 (b) APPLICABILITY TO UNITED STATES CITIZENS
16 AND LAWFUL RESIDENT ALIENS.
17 (1) UNITED STATES CITIZENS.The require18
ment to detain a person in military custody under
19 this section does not extend to citizens of the United
20 States.
21 (2) LAWFUL RESIDENT ALIENS.The require22
ment to detain a person in military custody under
23 this section does not extend to a lawful resident
24 alien of the United States on the basis of conduct
25 taking place within the United States, except to the
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1 extent permitted by the Constitution of the United
2 States.