United States Policy on Detainees Captured During the Global War on Terror in Light of the United States Supreme Court Decisions in Rasul v. Bush, Rumsfeld v. Padilla, and Hamdi v. Rumsfeld

摘要

Since 11 September 2001, the United States has detained hundreds of individuals, to include three U.S. citizens, as unlawful enemy combatants during its Global War on Terror. Because of the nature of their detention, a number of these detainees sought legal review of their status and detention in various U.S. federal courts. These cases ultimately reached the U.S. Supreme Court, and in June of last year the Court released three decisions addressing the Administration's detention policy. This paper provides a background on the development of the current U.S. detainee policy, analyzes the Supreme Court decisions in Rasul v. Bush, Rumsfeld v. Padilla, and Hamdi v. Rumsfeld addressing that policy, and then outlines certain policy options available to the Administration in response to those decisions. It concludes by offering a recommendation on the best policy option available and the risks associated with that option.