American Civil Liberties Union

Congress must oppose the practice of designating prisoners, ""enemy combatants."" It is an unequivocal violation of U.S. and international law.

The Bush Administration's use of ""enemy combatant"" designation sets a dangerous precedent where the government detains people -- including prisoners in the United States -- indefinitely without charging them with a crime. 

If the government has evidence that an individual is involved with terrorism, there are other, better, legal options than detaining them without charge.  By simply locking people away people without giving them the chance to clear their name, the government is violating their civil rights and increasing the chance that an innocent person will be improperly locked up.

Congress must oppose this practice and must not offer any endorsement of indefinite detention. If Congress were to pass legislation allowing this practice, it would be a violation of international law and in clear contradiction of the Constitution. 

Take Action! Urge Congress to oppose the indefinite detention of American citizens by the Bush Administration. 

 Indefinite confinement of a so-called ""enemy combatant"" without charge in a military brig violates the Constitution even in wartime.  Our system of checks and balances was designed to ensure that individual liberty does not rest on the good faith of government officials. The rule of law assures us that proper checks and balances are placed on the exercise of government authority.

 Prisoners who are detained in a zone of combat operations, such as those captured in Iraq and Afghanistan, need not be criminally charged but can, consistent with the Geneva Conventions, be held as prisoners of war or as ""civilian internees.""  While temporary military detention may be lawful for U.S. citizens who are captured fighting for the other side, they must promptly be taken out of the combat zone and given judicial review (as occurred, for example, with John Walker Lindh).  The Bush Administration's treatment of other prisoners, even those in the United States, as ""enemy combatants"" violates both the U.S. Constitution and the Geneva Conventions and must be ended.

 Access to a lawyer and a trial is critical to ensuring innocent people are not unfairly detained. If the government has evidence an individual is involved with terrorist activities, it can charge the person with a crime under existing law.  By not giving innocent people the chance to prove their innocence, the government is committing a grave injustice.

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