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Article: Supreme Court affirms habeas corpus for Guantanamo detainees.(Contemporary Practice of the United States Relating to International Law)
- Article from:
- American Journal of International Law
- Article date:
- October 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 American Society of International Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In June 2008, the U.S. Supreme Court ruled by a vote of 5 to 4 in Boumediene v. Bush (1) that alien detainees held at the U.S. naval base at Guantanamo Bay, Cuba, are entitled to the right of habeas corpus under the U.S. Constitution and that the procedures established by the Detainee Treatment Act of 2005 (2) are not a sufficient substitute. The Court did not address the substantive legal standards to be applied in considering such petitions. Writing for the majority (Justices Kennedy, Breyer, Ginsburg, Souter, and Stevens), Justice Kennedy observed:
We hold that petitioners may invoke the fundamental procedural
protections of habeas corpus. The laws and ...