Meaningful Review and Process Due: How Guantanamo Detention is Changing the Battlefield

Pearlman, Adam R.
May 2015
Harvard National Security Journal;2015, Vol. 6 Issue 1, p255
Academic Journal
The article examines the failure of the U.S. to defend its position of holding Operation Enduring Freedom captives at Cuba's Guantanamo Bay without hearings in civilian courts. Topics discussed include the history of habeas and military detention law that served as the basis for the U.S. strategy to detain terror suspects without habeas review, the development of the law of counterterrorism detection, and international law developments that spurred by U.S. detention policies and practices.


Related Articles

  • My Guantánamo Client. Kebriaei, Pardiss // Progressive;Jul2011, Vol. 75 Issue 7, p28 

    The article offers information on Muhammed Khan Tumani, detainee at the Guantanamo Bay Detention Camp, who was arrested along with his father Abdul Nasser, at the age of 17 years by the U.S. government. It is mentioned that in 2004 he made a statement for Combatant Status Review Tribunal and in...

  • GUANTÁNAMO HABEAS REVIEW: ARE THE D.C. DISTRICT COURT'S DECISIONS CONSISTENT WITH IHL INTERNMENT STANDARDS? Olson, Laura M. // Case Western Reserve Journal of International Law;2009, Vol. 42 Issue 1/2, p197 

    After the Supreme Court ruled in 2008 in Boumediene v. Bush that the detainees at the Guantánamo Bay detention facility are entitled to the privilege of habeas corpus to challenge the legality of their detention, the D.C. District Court started to take action on the hundreds of petitions...

  • Hope. Change. Reality. Hylton, Wil S.; Schoeller, Martin // GQ: Gentlemen's Quarterly;Dec2010, Vol. 80 Issue 12, p180 

    The article focuses on U.S. Attorney General Eric Holder and his mission to reinvent the Justice Department. Holder promised to the end the policy of indefinite detention at Guantanamo, investigate torture by the Central Intelligence Agency (CIA), and revitalize the department's neglected...

  • Habeas and (Non-)Delegation. Diller, Paul // University of Chicago Law Review;Summer2010, Vol. 77 Issue 3, p585 

    Although the Constitution's Suspension Clause explicitly mentions the writ of habeas corpus, it does not require that Congress make the writ available in its commonlaw form at all times. Rather, the Clause has long been understood to permit Congress to replace the writ with an alternative...

  • HABEAS CORPUS AND DUE PROCESS. Garrettt, Brandon L. // Cornell Law Review;Nov2012, Vol. 98 Issue 1, p47 

    The writ of habeas corpus and the right to due process have long been linked together, but their relationship has never been more unsettled or important. Following the September 11, 2001 attacks, the United States detained hundreds of suspected terrorists who later brought legal challenges using...

  • SOME HOLDS BARRED: EXTENDING EXECUTIVE DETENTION HABEAS LAW BEYOND GUANTANAMO BAY. Siegel, Ashley E. // Boston University Law Review;Jul2012, Vol. 92 Issue 4, p1405 

    The article focuses on executive detention habeas corpus law in the U.S. Topics include the denial of habeas petitions for Guantanamo Bay Detention Center inmates, the legality of habeas corpus writ petition denials, and executive power. Information is provided on the U.S. Supreme Court case...

  • Evidentiary Rules Governing Guantánamo Habeas Petitions: Their Effects and Consequences. Ahuja, Jasmeet K.; Tutt, Andrew // Yale Law & Policy Review;Fall2012, Vol. 31 Issue 1, p185 

    No abstract available.

  • THE TERRORIST DETENTION REVIEW REFORM ACT: DETENTION POLICY AND POLITICAL REALITY. Kuhn, Walter E. // Seton Hall Legislative Journal;Jun2011, Vol. 35 Issue 2, p221 

    The article focuses on military detention policy reforms that were proposed in the Terrorist Detention Review Reform Act (TDERRA). It discusses an analysis of the power of U.S. President Barack Obama to detain enemy belligerents in the War on Terror. It also explores the process of habeas corpus...

  • Secure Solution. Meese III, Edwin // Hoover Digest: Research & Opinion on Public Policy;Spring2012, Issue 2, p59 

    The article presents a reprint of an article that was published earlier. The article discusses about the U.S. prisoners detention facility Gunatánamo Bay Detention Camp, in Gunatánamo Bay, Cuba. It is mentioned that the facility plays an important role in the detention of high-value...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics