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Rasul and Others v. Bush, President of the United States and Others
Published online by Cambridge University Press: 01 January 2021
Abstract
Aliens — Detention — Right to challenge legality of detention — Whether possessing the same entitlement to challenge detention as United States citizens — Persons detained as enemy combatants
Human rights — Right to liberty — Detention without trial — Enemy combatants — Whether entitled to challenge the basis for their detention — Detainees at Guantánamo Bay — Whether United States courts possessing jurisdiction to grant habeas corpus — Whether distinction between detainees possessing United States citizenship and those with foreign nationality
Territory — Leases — Guantánamo Bay — Territory leased to the United States by Cuba for use as a naval base — Status — Whether to be equated to United States territory for purposes of exercising statutory habeas corpus jurisdiction
War and armed conflict — Enemy combatants — Detention — Whether entitled to challenge legal basis of detention — The law of the United States
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- © Cambridge University Press 2010