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7 J. E. Asia & Int'l L. 7 (2014)
Human Rights of Guantanamo Detainees under International and US Law: Revisiting the US Supreme Court Cases

handle is hein.journals/jeasil7 and id is 7 raw text is: Guant~nomo Detainees 7 ISSUE FOCUS Human Rights of Guantanomo Detainees under International and US Law: Revisiting the US Supreme Court Cases Patricia Goedde* This article reviews the US Supreme Court cases regarding detention of alleged terror suspects in Guantanamo Bay, Cuba, and examines the interplay between international human rights law and the American Constitution with respect to the executive policies of the Bush Administration to detain terror suspects. The article first references the international human rights legal framework regarding detainees, specifically the Geneva Conventions and the Convention against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment, and then analyzes seminal cases brought before the Supreme Court by detainees, specifically how the Supreme Court interprets the US Constitution and international law in reaching its decisions regarding detainees at Guantanamo. While the Supreme Court provided detainees the right to challenge the legality of their detentions through habeas corpus petitions, limitations still exist as to the lack of extraterritorial application of rights protections as well as the domestic judicial failure to redress detainees' subjection to torture and other abusive treatment. Keywords Guantanomo, Detainees, Habeas Corpus, US Supreme Court, Common Article 3, Geneva Conventions, US Constitution * Associate Professor of Sungkyunkwan University School of Law, Seoul, Korea. J.D./Ph.D. (U. Washington). ORCID: http://orcid/org/0000-0002-8251-4691. The author gratefully acknowledges support from the National Research Foundation of Korea (NRF2013SIA3A2055081). She may be contacted at: pgoedde@skku.edu / Address: Sungkyunkwan University School of Law, 25-2, Sungkyunkwan-ro, Jongno-gu, Seoul 110-745 Korea. DOI: http://dx.doi.org/10.14330/eall.2014.7.1.01 VII JEAIL 1 (.014)

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