2010South African Yearbook of International LawRequires access

Conferring habeas corpus on enemy aliens detained abroad in the course of an ongoing war : foreign judicial decisions

G.N. Barrie

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Abstract

In Boumediene v Bush the United States Supreme Court held, by a majority of five to four, that individuals detained as enemy combatants at Guantanamo Bay had the right to file habeas corpus petitions in a federal civilian court challenging their imprisonment. Boumediene thus gave detainees held at Guantanamo access to the ancient writ of habeas corpus, a procedure testing the legal authority of jailers to detain their prisoners.

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What this paper is about

In Boumediene v Bush the United States Supreme Court held, by a majority of five to four, that individuals detained as enemy combatants at Guantanamo Bay had the right to file habeas corpus petitions in a federal civilian court challenging their imprisonment. Boumediene thus gave detainees held at Guantanamo access to the ancient writ of habeas corpus, a procedure testing the legal authority of jailers to detain their prisoners.

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Available abstract

In Boumediene v Bush the United States Supreme Court held, by a majority of five to four, that individuals detained as enemy combatants at Guantanamo Bay had the right to file habeas corpus petitions in a federal civilian court challenging their imprisonment. Boumediene thus gave detainees held at Guantanamo access to the ancient writ of habeas corpus, a procedure testing the legal authority of jailers to detain their prisoners.

Key concepts: Habeas corpus, Writ, Law, Supreme court, Political science, Imprisonment, Prison, Adversary

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