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Unpublished Paper
THE SUSPENSION OF LIBERTIES, AN EXTENSION OF RIGHTS: EXAMINING HABEAS JURISDICTION FOR NON-CITIZEN GUANTANAMO DETAINEES IN THE AL ODAH AND BOUMEDIENE APPEALS
ExpressO (2008)
  • Marina A Torres, Stanford Law School
Abstract
This paper seeks to contribute to the literature surrounding the constitutional rights afforded to detainees currently held at the naval base in Guantanamo Bay, Cuba. More specifically, it offers a prospective and predictive analysis of the recent oral arguments heard in the consolidated Al Odah and Boumediene cases, held in December of 2007, in a historical context of previous judicial decisions and legislative decrees. Previous literature has not considered the constitutional protections, if any, afforded to non-citizen detainees held outside the territorial United States. Legal research has mainly focused on the application of either international law to Guantanamo detainees (if non-citizen) or domestic United States law (if citizens) – but untouched has been the question of whether domestic law applies to non-citizens by the very virtue of their detention by U.S. military forces in a territory solely under the control of the United States. This is exactly the issue in the Al Odah and Boumediene cases currently before the Supreme Court, from which we can expect a decision from in early summer.
Disciplines
Publication Date
April 15, 2008
Citation Information
Marina A Torres. "THE SUSPENSION OF LIBERTIES, AN EXTENSION OF RIGHTS: EXAMINING HABEAS JURISDICTION FOR NON-CITIZEN GUANTANAMO DETAINEES IN THE AL ODAH AND BOUMEDIENE APPEALS" ExpressO (2008)
Available at: http://works.bepress.com/marina_torres/1/