Ku [Hofstra]: Guantanamo Tribunals Ruling

Julian Ku, Hofstra University School of Law:

"This Reuters story suggests that a district court judge has held the Guantanamo Bay military tribunals unconstitutional. As usual, Reuters (and other news agencies) are overstating the scope of the decision. Rather, it is more accurate to say that the district court judge has refused to grant all of the U.S. government's motion to dismiss claims by certain detainees that their detention as enemy combatants in Guantanamo Bay violates the Constitution, federal law, treaties, and customary international law. Moreover, she also ruled in favor of the government on some issues we've discussed here dismissing some of plaintiffs claims for constitutional violations, finding broad sovereign immunity for claims under the Alien Tort Statute, and finding that the possible existence of a treaty violation makes their customary international law claims unnecessary. Still, the ruling is a setback for the government.... ." [January 31, 2005: Opinio Juris has the post.]

 

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