From Ludecke to Boumediene: A Path to Habeas for Bagram Detainees?

“Whether and when it would be open to this Court to find that a war though merely formally kept alive had in fact ended, is a question too fraught with gravity even to be adequately formulated when not compelled.” Justice Frankfurter, Ludecke v. Watkins, 335 U.S. 160, 169 (1948).

In light of the Global War on Terror, the fate of the 66[1] foreign nationals detained in U.S. custody at Bagram is a veritable dark cloud hanging over American foreign policy.  Their <Read More>


Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

Part II

 Boumediene and Al Maqaleh: The Application of Habeas to Foreigners Outside the U.S.

With a right to habeas the foreign detainees in Afghanistan would have a chance to challenge their detention in court, and have a greater chance of avoiding indefinite detention. However habeas rights are not always guaranteed to foreigners held by the U.S. outside our borders.

The Supreme Court addressed the availability of habeas corpus (a constitutional right to challenge the legitimacy of one’s detention) outside the U.S. in <Read More>