About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

50 Loy. L. Rev. 1 (2004)
Closing the Guantanamo Loophole

handle is hein.journals/loyolr50 and id is 11 raw text is: ARTICLES CLOSING THE GUANTANAMO LOOPHOLE Gerald L. Neuman* The constitutional status of the Guantanamo Bay Naval Base on the island of Cuba has suddenly gone from an issue of esoteric interest to refugee lawyers to a problem attracting intense global attention. The Administration's claims concerning a total absence of legal constraints on its actions at Guantanamo have become a national disgrace. The Supreme Court granted certiorari in November 2003 to review one aspect of the Administration's claims-whether federal courts are utterly powerless to hear any challenges brought by foreign nationals imprisoned at Guantanamo in connection with the war on terrorism.' Whether and how the Court will resolve that question remains uncertain at this writing. Many legal perspectives could be brought to bear on the current situation at Guantanamo, including global and regional human rights law, international humanitarian law, international criminal law, U.S. constitutional law, U.S. administrative law, U.S. military law, U.S. criminal law, and the law of federal jurisdiction. This article will focus primarily on issues of U.S. constitutional law and federal jurisdiction. In particular, it will * Herbert Wechsler Professor of Federal Jurisprudence, Columbia Law School. This article is based in part on the Brief Amici Curiae of Former U.S. Government Officials In Support of Petitioners, filed in Rasul v. Bush, 124 S.Ct. 1494 (2003) (No. 03-334), and Al Odah v. United States, 124 S.Ct. 534 (2003) (No. 03-343). Additional material included here reflects the author's own views, and is not attributable to the Amici or to co-counsel. I owe thanks to Mary Hahn, Harold Hongju Koh, and Peter Rosenblum, and to Doris Cho, Kati Daffan, Beth Hooton and Rashad Hussain for assistance in research. 1. Rasul v. Bush, 124 S.Ct. 534 (2003). The Supreme Court granted certiorari on the following question: Whether United States courts lack jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at the Guantanamo Bay Naval Base, Cuba. Id. at 534.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most