Date of Award
Fall 10-15-2020
Document Type
Thesis
Degree Name
Master of Arts (MA)
Department/Program
International Crime and Justice
Language
English
First Advisor or Mentor
George Andreopoulos
Second Reader
Gohar Petrossian
Abstract
Guantanamo Bay, resting under United States’ jurisdiction since the early 20th century, has infamously stood as the symbol for where alleged terrorists and constitutional protections disappear. However, between the years of 2004 – 2008, the United States Supreme Court ruled on four landmark cases, gradually providing Guantanamo Bay detainees constitutional protections and access to the writ of habeas corpus – allowing detainees for the first time to challenge the legalities behind their detentions. Subsequently, judicial and executive powers have continuously contested one another, as Supreme Court rulings and documents released by the Bush Administration have intentionally aimed to minimize the regulations set forth in ones prior. The purpose of this research is to identify and explain the main factors that ultimately brought petitioners before the Supreme Court. Specifically, the Court of Appeals relying on various statutory predicate and aggressive litigation released by the Bush Administration over the years in efforts to continuously limit legal resources provided to detainees through continuous court rulings.
Recommended Citation
Hirst, Jennifer, "An Evolution of Legal Rights for Guantanamo Bay Detainees: Habeas Corpus in the 21st Century" (2020). CUNY Academic Works.
https://academicworks.cuny.edu/jj_etds/177