HABEAS CORPUS IN THE GLOBAL WAR ON TERROR: AN AMERICAN DRAMA

摘要

According to the most recent unclassified reports, there are approximately 255 detainees still held behind multiple layers of concertina wire along the shores of Guantanamo Bay, Cuba. Since its inception in 2002, "Camp X-Ray" has become the "reviled symbol of the [Bush] administration's fight against terrorism," causing massive international outcry and scores of contested litigation. Most notably, a foreign enemy combatant's right to habeas corpus remains a starkly divided issue. The Global War on Terror is not the first time habeas corpus has taken center stage in American law. Rather, history reveals a complex line of legal arguments nearly spanning the lifetime of our infant nation. Over the past few years, international circumstances have required that we once again return to this important legal concept in the context of armed conflict. In recent cases, however, the Supreme Court has taken a drastically different approach than years past. Consider habeas corpus a dramatic performance in our nation's legal history. According to renowned dramatist and playwright Dr. Gustav Freytag, there are five parts to any dramatic presentation: a beginning, a complication, a climax, an unraveling, and a resolution. The famous "Freytag Triangle" may be applied in this case as well. Whether to applaud the Court's dramatic performance depends on your position.