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Gitmo detainees no longer classified as ‘enemy combatants’

In a press release, Attorney General Eric Holder and the Department of Justice announce the withdrawal of the “enemy combatant” definition of Gitmo detainees. The memo says that, under President Obama’s orders, the department is reviewing detention policy: In a filing today with the federal District Court for the District of Columbia, the Department of ...

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In a press release, Attorney General Eric Holder and the Department of Justice announce the withdrawal of the “enemy combatant” definition of Gitmo detainees. The memo says that, under President Obama’s orders, the department is reviewing detention policy:

In a filing today with the federal District Court for the District of Columbia, the Department of Justice submitted a new standard for the government’s authority to hold detainees at the Guantanamo Bay Detention Facility. The definition does not rely on the President’s authority as Commander-in-Chief independent of Congress’s specific authorization. It draws on the international laws of war to inform the statutory authority conferred by Congress. It provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial. And it does not employ the phrase “enemy combatant.”

The Department also submitted a declaration by Attorney General Eric Holder stating that, under executive orders issued by President Obama, the government is undertaking an interagency review of detention policy for individuals captured in armed conflicts or counterterrorism operations as well as a review of the status of each detainee held at Guantanamo. The outcome of those reviews may lead to further refinements of the government’s position as it develops a comprehensive policy.

The memo states that the government will no longer detain combatants who provided “insignificant or insubstantial” support to al Qaeda or the Taliban. (The Bush administration came under fierce criticism for holding persons with little or no connection to the terrorist organizations.) More than 200 remain incarcerated at Camp Delta; it’s unclear if any — or how many — will be released under the new legal standards. 

Photo: Paul J. Richards/AFP/Getty Images

Annie Lowrey is assistant editor at FP.

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