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Doesn't that depend where and how they're held? Military detention in an area of active conflict does not allow for habeas relief, no? Boumediene doesn't seen
by anarazel 9y ago
Doesn't that depend where and how they're held? Military detention in an area of active conflict does not allow for habeas relief, no? Boumediene doesn't seen to apply there because it's not an area of de facto US sovereignty like Guantanamo is.
EDIT: s/if/of/ autocorrect typo
- anarazel 9y agoFWIW, that's why a lot of the discussions around this will refer to the applicability/interpretation of the 2001 / 2002 authorization to use military force (AUMF). Because that influences what an area of active military conflict can be.