Rasul v Bush. 2004


In this case a prisoner at Guantanamo Bay objected to his confinement

The US court system has the right to determine whether foreign nationals held in the camp are lawfully detained or not

Shafiq Rasul was a British captured by the US military in Afghanistan. He was then transported to Guantanamo Bay. He was released just before the ruling

A non governmental organisation had filed habeas corpus suits about these men in 2002

One of the vexatious issues arising from the case was the differential treatment accorded to non Americans.

Scalia was one of those who dissented and said that the court should not review the detention of foreigners.


About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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