Hamdi v Rumsfeld

Hamdi v Rumsfeld

Based on the legal ruling of the case involving Hamdi v Rumsfeld, the United States Supreme court ruled that the government has the power to detain anyone known as ‘enemy combatants’. While a lower court of law changes the decision ruling that this includes American citizens known to be enemy combatants, and have the right to challenge their detention in court.

The case of Hamdan v Rumsfeld 548 U.S 557(2006) was when the Supreme Court during President George Bush jr administration allow military officers to try detainees at Guantanamo bay “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.”[1] Specifically, the ruling says that Common Article 3 of the Geneva Conventions was violated.”

The case of Rasul v Bush explains how the US Supreme court has the jurisdiction to hear habeas corpus filed for non US citizens imprisoned at Guantanamo bay in Cuba, the main purpose of this decision by the court was to help non US citizen challenge their detention.(Mark 2015)


Mark A. (2015). “Offshore Detainees and the Role of Courts after Rasul v. Bush: The Underappreciated Virtues of Deferential Review”.ISSN 0176-3583.


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