Help from above.
To the relief of many of America's allies, not least Tony Blair, the Supreme Court announced on November 10th that it would consider the fate of the 660 foreign "enemy combatants" held at the American naval base at Guantánamo Bay in Cuba. The appeal had been filed on behalf of 12 Kuwaitis, two Brito...
| Publicado en: | Economist Vol. 369; no. 8350; p. 33 |
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| Formato: | Artículo |
| Publicado: |
Economist Newspaper Limited
11/15/2003
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| Materias: | |
| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=11424305&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 11424305 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00130613 ECO jtl: Economist issn: 00130613 maglogo: N pubinfo: dt: 11/15/2003 vid: 369 iid: 8350 pid: 161 pub: Economist Newspaper Limited artinfo: ui: 11424305 ppf: 33 ppct: 0 formats: tig: atl: Help from above. aug: su: Actions & defenses (Law) United States. Supreme Court Prisoners of war National security Courts Executive power Constitutional law Terrorism United States sug: subj: United States Actions & defenses (Law) United States. Supreme Court Prisoners of war National security Courts Executive power Constitutional law Terrorism ab: To the relief of many of America's allies, not least Tony Blair, the Supreme Court announced on November 10th that it would consider the fate of the 660 foreign "enemy combatants" held at the American naval base at Guantánamo Bay in Cuba. The appeal had been filed on behalf of 12 Kuwaitis, two Britons and two Australians, who are demanding the right for their cases to be heard by proper American courts, as opposed to the military tribunals the Pentagon is supposed to be arranging for them. The Supreme Court will not consider whether the detainees are being held illegally. Instead, it will look at the technical issue of the legal status of the Guantánamo base, and whether America's civilian courts have jurisdiction over its detainees. In making that decision, the court may also examine the status of all foreigners captured overseas in the war on terror. But even if the court decides that American law extends to the Guantánamo base, thus giving the detainees the protection of the American constitution as well as access to civilian courts, they will still have to convince the courts that they should be freed. In the end, the Supreme Court will have to balance two concepts--the courts' deference to the executive branch on issues of national security during time of war, and any individual's right to due process. pubtype: Periodical doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y dt: @attributes: year: 2003 holdings: @attributes: islocal: N |
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