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Legal Limbo At Guantanamo Bay. Supreme Court V. Bush Administration: June 29th 2006 Decision

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Chapter Summary

From September 11th terrorist attacks, the US Government has initiated a fierce battle against international terrorism, especially the one leaded by Ben Laden. At 28th June the Supreme Courts decisions on Rasul v Bush, Rumsfeld v. Padilla and Hamdi v Rumsfeld, the Tribunal stated that all persons (US Citizen or not) are entitled to challenge their detention by the US through an habeas corpus action. Salim Ahmed Hamdan was captured in Afganistan in November 2001. Some months later, in June 2002 he was transferred to Guantanamo Bay where he is still arrested. The Court of Appeal dismissed Hamdans Geneva Convention challenge on three grounds: (1) the Geneva Conventions are not judicially enforceable ; (2) Hamdan is not entitled to their protections; and (3) even if he is entitled to their protections, abstention is appropriate because it exists countervailing interests.

Keywords: Ben Laden; Court of Appeal; Geneva Convention; Guantanamo Bay; international terrorism; Salim Ahmed Hamdan; US Government



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