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This is an archive article published on March 15, 2009

US to modify Guantanamo detention policies

The Obama administration said on Friday that it would abandon the Bush administrations term enemy combatant...

The Obama administration said on Friday that it would abandon the Bush administrations term enemy combatant as it argues in court for the continued detention of prisoners at Guantanamo Bay,Cuba,in a move that seemed intended to symbolically separate the new administration from Bush detention policies.

But in a much-anticipated court filing,the Justice Department argued that the President has the authority to detain terror suspects there without criminal charges,much as the Bush administration had asserted. It provided a broad definition of those who can be held. The filing signaled that,as long as Guantanamo remains open,the new administration will aggressively defend its ability to hold some detainees there.

The President has the authority to detain persons who planned or aided the 2001 terrorist attacks as well as those who were part of,or substantially supported,Taliban or al-Qaeda forces,administration lawyers wrote.

The Obama administration said it was relying on existing principles of the international law of war. A public statement indicated that the Government was moving away from claims of expansive executive power often used by the Bush administration to justify Guantanamo.

The Obama administration said the new definition does not rely on the Presidents authority as commander-in-chief beyond the powers authorised by Congress. The filing,in US district court in Washington,was meant to provide a definition of those detainees who can be held.

 

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