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Rather than relying on a religious text we can reference rulings, like Boumediene v. Bush[1] and and the US constitution. This article by Greenwald[2] neatly ex
by garrettgrimsley 13y ago
Rather than relying on a religious text we can reference rulings, like Boumediene v. Bush[1] and and the US constitution. This article by Greenwald[2] neatly examines the whether constitution protections apply to foreigners.
[1] http://www.law.cornell.edu/supct/html/06-1195.ZO.html http://www.law.cornell.edu/supct/html/06-1195.ZO.html
[2] http://www.salon.com/2010/02/01/collins_5/ http://www.salon.com/2010/02/01/collins_5/
I'm not naive enough to believe that any regime would show restraint as a result of the existence of these rulings, but hey, they exist.
- rayiner 13y agoThe cliche cynicism is contradicted by the fact that these rulings led to dozens of trials of Guantanamo detainees, and most detainees have either been released or given trials. The remainder of detainees are a minority that are politically intractable to deal with, but their treatment doesn't clearly contradict the Supreme Court's Guantanamo cases.
- garrettgrimsley 13y agoWhether or not they are "hard to deal with" is not basis for denying one a writ of habeas corpus. Should we not let a court decide, rather than the executive branch arbitrarily denying these rights? Taking the fact that there are still people in Guantanamo being denied their rights after a court determined that they should be granted a trial into consideration clearly demonstrates that just because such court decisions have been made does not mean the executive will respect them. Certainly this means that my cynicism is justified, albeit cliche.