Thursday, June 12, 2008

U.S. Supreme Court Rules that U.S. Citizens Detained by the U.S. Military Overseas Can Challenge Their Detentions

Scotus_3 American citizens detained by the U.S. military can challenge those detentions in U.S. courts.  That is the judgment of the U.S. Supreme Court in Munaf v. Geren, one of the landmark cases being reported this morning.  The Munaf decision is available here

The Court, in a majority opinion by Chief Justice Roberts, holds that the habeas corpus statute "extends to American citizens held overseas by American forces operating subject to an American chain of command, even when those forces are actings as part of a multilateral coalition." But the court also held that under the circumstances in the case, habeas corpus "provides petitioners with no relief."

Justice Souter authored a concurring opinion joined by Justices Ginsburg and Breyer.

(mew)

http://lawprofessors.typepad.com/international_law/2008/06/us-supreme-cour.html

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