National Defense Authorization Act for Fiscal Year 2012

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The National Defense Authorization Act for Fiscal Year 2012 is a law of the United States of America for the financing of the US armed forces . In addition to this purpose, however, it contains other stipulations that have met with criticism from civil rights activists in the USA and which have also received negative media coverage in Europe.

First, US President Barack Obama announced a veto against the law. However, when his wish to improve the original wording with regard to the legal status of American residents was granted, he declared that he would waive his veto, but when signing on December 31, 2011 also emphasized by means of a signing statement that he was only using the opportunities opened up for him limited use. However, Swiss television formulated the facts more drastically on its website: President Obama was forced by his opponents to sign a law, which he should actually reject.

Section 1021 of the law empowers the US armed forces, and ultimately the president as their commander in chief , to arrest American citizens and foreigners accused of having ties to Islamist terrorism . There is no time limit and no review by a (civil) court; only the Congress needs to be regularly informed in accordance with Section 1021 (f) REQUIREMENT FOR BRIEFINGS OF CONGRESS . This entrusts the executive with a fundamental function of the judiciary , thereby weakening the principle of the separation of powers . Whether the US Supreme Court will classify this as a violation of the fourth and fifth amendments to the constitution is currently not foreseeable. Because no abstract judicial review action is possible before the Supreme Court ; the examination of the legislation can only (but at least) take place as an accessory judicial review in the context of a specific legal dispute.

The American Civil Liberties Union criticized the fact that this can significantly reduce the protection against unjustified imprisonment , because it fixes the privileges of the president under the AUMF law passed within a week after the terrorist attacks on September 11, 2001 . Critics see the danger that the law will further consolidate or strengthen the (excessive) power of the executive, while in the opinion of the defense lawyers it does not go beyond what is previously permitted and is compatible with the rights of prisoners of war (ius in bello) .

See also

Web links

Individual evidence

  1. ^ Report of the Armed Services Committee on the NDAA FY 2012. Archived from the original on January 9, 2012 ; Retrieved January 16, 2012 . (English)
  2. ↑ Americans threatened with imprisonment in Guantanamo. In: The Guardian . Retrieved January 16, 2012 . (English)
  3. ↑ Yassin Musharbash: Obama's anti-terror law outrags civil rights activists . In: Spiegel Online , January 4, 2012. Retrieved January 22, 2012
  4. ↑ White House issues statement saying it will not veto defense bill (short message from cbs news from Dec. 14, 2011). Retrieved January 16, 2012 . (English)
  5. ↑ “[…] Moreover, I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values ​​as a nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law. […] " Barack Obama: Statement on Signing the National Defense Authorization Act for Fiscal Year 2012. Retrieved January 20, 2012 . (English)
  6. ↑ Article. In: Washington Post. December 31, 2011, accessed January 14, 2012 . (English)
  7. ↑ USA «may» arrest »suspected« terrorists »worldwide . Swiss television , January 5, 2012. Accessed January 22, 2012
  8. ↑ SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
    (a) IN GENERAL. — Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 USC 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
    (b) COVERED PERSONS. — A covered person under this section is any person as follows: (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks. (2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
    (c) DISPOSITION UNDER LAW OF WAR. — The disposition of a person under the law of war as described in subsection (a) may include the following: (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force. (2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)). (3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction. (4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.
    (d) CONSTRUCTION. — Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
    (e) AUTHORITIES. — Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.
    (f) REQUIREMENT FOR BRIEFINGS OF CONGRESS. — The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `` covered persons ''
  9. ↑ 3rd Article of the US Constitution . Wikisource (German)
  10. ↑ Article of the American Civil Liberties Union. Retrieved January 16, 2012 . (English)
  11. ↑ Obama signs military budget . Zeit Online , January 1, 2012
  12. ↑ Bill's detainee provisions reaffirm the law of war. Retrieved January 16, 2012 . (English)