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Tribunal Essay Topics & Paper Examples

Guantanamo Bay and Habeas Corpus

Since September 11, 2001, Americans have faced a new enemy that is not distinguishable by conventional terms of the law of war. As a result of this fact, the detention of these enemy forces has brought about a large debate among, mostly, the Executive branch and the Supreme Court. At the center of the debate is the rights of the enemy detainees. The Supreme Court argues that because their detention is at a location that is under the complete control of the United States, their rights are blanketed under the Suspension Clause of the Constitution and as such, they should be granted the right to seek Habeas Corpus. The Executives maintain that unlawful enemy combatants have no rights under the…