Internment is segregation and confinement of those who are considered suspicious persons. Internment refers to the arrest and detention without trial of people suspected of being members of illegal paramilitary groups.
Internment Without Trial; The Lessons from the United States, Northern Ireland & Israel FERGAL F. DAVIS, University of Sheffield, School of Law - Abstract: Internment without trial is neither novel nor normal; it is an emergency measure, which has regularly been employed. As a result, internment has a long, if not distinguished, history.
Through an examination of that history, this article aims to identify some of the difficulties associated with the application of a policy of internment. Due to the ongoing use of internment around the world, this exercise is, in and of itself, a useful one. However, following the introduction of the Anti-Terror Crimes and Security Act 2001, which saw internment reinstated on the UK statute books, this exercise has taken on an increased importance. This article does not aim to consider the new legislation in any detail, but rather it aims to consider previous models and as a result attempt to identify some general lessons which may later be applied to the present situation.
The Internment of
Civilians by Belligerent States during the First World War and the Response of the
International Committee of the Red Cross - Matthew Stibbe, Sheffield Hallam
University - Journal of Contemporary History, Vol. 41, No. 1, 5-19 (2006)
Between 1914 and 1918 several hundred thousand enemy aliens were interned by the belligerent nations of the first world war, and many more civilians were trapped behind enemy lines in their own countries. This article looks at the efforts made by the International Committee of the Red Cross and other relief agencies to alleviate the plight of non-combatants held in internment camps. It also examines the dilemmas faced by neutral inspection teams, and asks why the ICRC in particular failed in its attempts to secure equal and humane treatment for civilian prisoners.
From Potential Friends to
Potential Enemies: The Internment of 'Hostile Foreigners' in France at the Beginning of
the Second World War - Regina Delacor, German Historical Institute, Paris,
Journal of Contemporary History, Vol. 35, No. 3, 361-368 (2000)
After Hitler came to power, France had been one of the most important host countries for emigrants from Germany. In spring 1939 another wave of refugees reached the country after the Spanish Civil War, whereupon the government of Edouard Daladier reacted by building internment camps in the south of France. The Third Republic used this huge potential of human labour and resources for its own economy by creating special colonies and brigades of foreign workers. As a result of external tensions, but also on the basis of the great number of internees, the government prepared to integrate the immigrants in additional foreign units in the French army, thus establishing a common aim of fighting the nazi dictatorship. The German-Soviet Non-Aggression Pact of August 1939 and the outbreak of the second world war caused the French Home Office to do an about-turn. In an atmosphere of anti-communist hysteria, antisemitism and xenophobia, Daladier articulated his mistrust of communists and 'hostile foreigners' and as well as arrests, ordered the mass internment of immigrants originally from the territories of 'Greater Germany'.
Civil Rights and Japanese-American Internment.
Authors: Francis, Greg; Hojo, Samantha; Lai, Selena; Mukai, Gary; Yoda, Steven
Abstract: Students may not be as familiar with the Asian American struggle for equal rights as they are with the black struggle for equal rights. But Asian Americans' civil rights have also been challenged and/or denied throughout their history in the United States. This curriculum module contains six lessons and can be used as a supplement to history textbooks' coverage of Japanese-American internment or as a self-contained unit on the topic. The six lessons are: (1) "Setting the Context," discusses the definition of civil rights and considers the importance of civil rights in people's lives; (2) "The Immigration Years," introduces students to the Japanese immigration experience in the U.S.; (3) "Prelude to Internment," describes the precarious position Japanese Americans were thrust into following the Japanese attack on Pearl Harbor on December 7, 1941; (4) "The Internment Years," provides students with information on events leading up to and including the internment of Japanese Americans from the west coast of the United States; (5) "The Question of Loyalty," discusses the debate surrounding a loyalty questionnaire administered to Japanese Americans in internment camps; and (6) "Legacies of Internment," discusses enduring legacies of the internment experience.
Rights in Times of Crisis: American Citizens and Internment.
Authors: West, Jean; Schamel, Wynell Burroughs
Abstract: Discusses instances of departure from the rights guaranteed to U.S. citizens by the Bill of Rights. Describes the internment of Japanese-Americans during the Second World War and other incidents in which the government denied individual rights. Details teaching activities intended to increase student understanding of such events. Proposes student research topics. - eric.ed.gov
Raising the Red Flag: The Continued Relevance of the Japanese Internment in the Post-Hamdi World - AYA GRUBER, Florida International University - College of Law - Kansas Law Review, Vol. 54, 2006
Abstract: In the years since the terrorist attacks of September 11th, the Japanese interment has re-emerged as a topic of serious discourse among legal scholars, politicians, civil libertarians, and society in general. Current national security policies have created concerns that the government has stepped dangerously close to the line crossed by the Roosevelt administration during World War II. Civil libertarians invoke the internment to caution policy-makers against two of the most serious dangers of repressive national security policies: racial decision-making and incarceration without process. Bush defenders advance several arguments in response to internment comparisons. The most conservative is an ardent defense of national security policies and an implicit approval of the internment. The more pervasive response, however, is that "times have changed" such that another internment is impossible or at least highly unlikely, what I term, "distancing arguments." Distancing arguments assert that both the de facto psychology of the nation and the structure of the law now disfavor internment. The problem with such arguments is that they undercut the persuasive force interment reminders. Especially during times of emergency, the idiom of progress is engaged to silence comparisons to past atrocities and allay fears of tyranny. Those who set forth distancing arguments nonetheless feel vindicated by the Supreme Court's decision in Hamdi. This article critically analyzes the claim that the law has progressed since the time the internment by conducting a jurisprudential comparison of the internment cases and terrorism detention cases.
Watching the Watchers: Enemy Combatants in the Internment's Shadow
JERRY KANG, University of California, Los Angeles - School of Law
UCLA School of Law Research Paper No. 04-26 - Law and Contemporary Problems, Vol. 68, p. 255, 2005
Abstract: In Denying Prejudice: Internment, Redress, and Denial (2004), I tried to further a careful remembering of the internment as precedent and parable by holding the judiciary to account. The accounting was for what it did not only in the 1940s internment cases decided by the Supreme Court, but also the less well-known 1980s coram nobis cases decided in the Ninth Circuit. My objective was to unmask the sophistic ways that the judiciary avoided accountability for the racist civil rights disaster. Using techniques often praised as minimalist, the judiciary in the 1940s avoided accountability on the part of the President and the Congress. With a straight face, the Court held that the internment camps were never authorized by the political branches; rather, they were an ultra vires frolic committed by a civilian agency called the War Relocation Authority.
The Japanese Internment and the Racial State of Exception Paper presented at the annual meeting of the Western Political Science Association - Lee, F. I. (2006, Mar)
Abstract: Historical accounts of the Japanese internment often turn on the question of whether the rights of Japanese Americans were justifiably sacrificed to military necessity or were unjustifiably violated by racism. My analysis cuts through this normative question with the political theory of Carl Schmitt, theorizing the internment as a succession of sovereign decisions on the friend/enemy distinction in a state of exception from which a state project of racial assimilation emerged. In the sovereign decision on the state of exception, the state declared the unassimilated and dangerous Japanese American to be the racial enemy. The camp leave clearance policies then rearticulated the friend/enemy distinction in forwarding the states attempt to assimilate the loyal Japanese Americans into the wartime society as racial friends. This emergency project attempted to restore the normal situation by striving to unify the liberal-democratic state as a nation of homogeneous people.