No Detention without Charge Act of 2013

“(c)

“(1) 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 Armed Forces of the United States may not authorize 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.

“(2) Except as expressly provided by an Act of Congress, 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 Armed Forces of the United States may not authorize the detention without charge of any person apprehended or detained in the United States, or a territory or possession of the United States.

“(d) Subsection (c) applies to 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 Armed Forces of the United States enacted before, on, or after the date of enactment of this subsection.

“(e) A person may assert a violation of this section as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under Article III of the Constitution.”