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

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 7권 / 1호
ㆍ저자명 : Patricia Goedde

목차

Human Rights of Guantanomo Detainees under International and US Law
I. Introduction
II. Detention of ‘Enemy Combatants’ under the Bush Administration
III. The US Supreme Court Responds
IV. Evaluation of the US Supreme Court Cases
V. The US Supreme Court Cases and International Humanitarian and Human Rights Law
VI. Conclusion

영어 초록

This article reviews the US Supreme Court cases regarding detention of alleged terror suspects in Guantanamo Bay, Cuba, and examines the interplay between international human rights law and the American Constitution with respect to the executive policies of the Bush Administration to detain terror suspects. The article first references the international human rights legal framework regarding detainees, specifically the Geneva Conventions and the Convention against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment, and then analyzes seminal cases brought before the Supreme Court by detainees, specifically how the Supreme Court interprets the US Constitution and international law in reaching its decisions regarding detainees at Guantanamo. While the Supreme Court provided detainees the right to challenge the legality of their detentions through habeas corpus petitions, limitations still exist as to the lack of extraterritorial application of rights protections as well as the domestic judicial failure to redress detainees’ subjection to torture and other abusive treatment.

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