Essay on President’s right to indefinite detention of enemies
The provision of the US President with the right to detain enemies without the definite time and opportunity of judicial review raises the problem of the violation of their basic human rights and liberties as was the case of Guantanamo. In such a case, even individuals detained as prisoners of war have the right to have access to the judicial review to take decision on their crime or innocence respectively to the existing legal norms and practices. In this regard, the US Congress should determine clearly how far should the right of the US President to detain enemies without the definite time and opportunity of judicial review should extend. The Congress should clarify the issue to prevent the possible violation of human rights of detainees by the US President and the military and law enforcement agencies that are under the President’s command.
At the same time, the introduction of the clear regulation of this right of the US President is essential to “prevent the possible misuse of power by the US President” (Dworkin, 2002, p.149), who may just misuse this right to eliminate those individuals, who are dangerous for the interest group the President represents. The experience of Guantanamo proves that such “limitations and regulations are essential” (Levin-Waldman, 2012, p.183). In fact, such a right is too controversial from the standpoint of human rights to let the US President to exercise this right without any limitations.
Therefore, the right of the US President to detain enemies without definite time and opportunity of judicial review has to be limited and clarified by the US Congress, which should regulate the time and procedure of judicial review to prevent the misuse of this right by the US President.
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