Date of Award
Master of Arts (MA)
International Crime and Justice
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.
Hirst, Jennifer, "An Evolution of Legal Rights for Guantanamo Bay Detainees: Habeas Corpus in the 21st Century" (2020). CUNY Academic Works.