H.R.5751 - No Detention without Charge Act of 2012112th Congress (2011-2012)
|Sponsor:||Rep. Nadler, Jerrold [D-NY-8] (Introduced 05/15/2012)|
|Committees:||House - Judiciary; Armed Services; Foreign Affairs|
|Latest Action:||06/04/2012 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.|
This bill has the status Introduced
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Summary: H.R.5751 — 112th Congress (2011-2012)All Bill Information (Except Text)
Introduced in House (05/15/2012)
No Detention without Charge Act of 2012 - Amends the federal criminal code to prohibit an authorization for the use of military force, a declaration of war, or any similar Act pertaining to the authority of the President over the use of the U.S. Armed Forces from: (1) authorizing the apprehension or detention of any person except to the extent that the Constitution, the law of war, and otherwise applicable human rights law permits such apprehension or detention; or (2) authorizing the detention without charge of any person apprehended or detained in the United States or a U.S. territory or possession, except as expressly provided by an Act of Congress. Declares that the Authorization for Use of Military Force (P.L. 107-40) shall not constitute such an Act of Congress.
Allows a person to assert a violation of this Act as a claim or defense in a judicial proceeding and to obtain appropriate relief against a government. Provides that standing to assert a claim or defense shall be governed by the general rules of standing under Article III of the Constitution.
Repeals provisions of the National Defense Authorization Act for Fiscal Year 2012 that require U.S. Armed Forces to hold in military custody pending disposition under the law of war a person who is: (1) captured in the course of hostilities authorized by the Authorization for Use of Military Force, and (2) determined to be a member or part of al Qaeda or an associated force who participated in planning or carrying out an attack against the United States or its coalition partners.