Human Rights of Guantánomo Detainees under International and US Law: Revisiting the US Supreme Court Cases

다국어 초록 (Multilingual Abstract)

This article reviews the US Supreme Court cases regarding detention of allegedterror suspects in Guantanamo Bay, Cuba, and examines the interplay betweeninternational human rights law and the American Constitution with respect to theexecutive policies of the Bush Administration to detain terror suspects. The articlefirst references the international human rights legal framework regarding detainees,specifically the Geneva Conventions and the Convention against Torture and OtherCruel, Inhuman, and Degrading Treatment or Punishment, and then analyzesseminal cases brought before the Supreme Court by detainees, specifically how theSupreme Court interprets the US Constitution and international law in reaching itsdecisions regarding detainees at Guantanamo. While the Supreme Court provideddetainees the right to challenge the legality of their detentions through habeas corpuspetitions, limitations still exist as to the lack of extraterritorial application of rightsprotections as well as the domestic judicial failure to redress detainees’ subjection totorture and other abusive treatment.

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