Accession Number:

ADA543591

Title:

Closing the Guantanamo Detention Center: Legal Issues

Descriptive Note:

Congressional research rept.

Corporate Author:

LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE

Report Date:

2011-03-28

Pagination or Media Count:

59.0

Abstract:

Following the terrorist attacks of 911, Congress passed the Authorization to Use Military Force AUMF, which granted the President the authority to use all necessary and appropriate force against those ... who planned, authorized, committed, or aided the terrorist attacks against the United States. Many persons subsequently captured during military operations in Afghanistan and elsewhere were transferred to the U.S. Naval Station at Guantanamo Bay, Cuba, for detention and possible prosecution before military tribunals. Although nearly 800 persons have been held at Guantanamo at some point since early 2002, the substantial majority of Guantanamo detainees have ultimately been transferred to another country for continued detention or release. Those detainees who remain fall into three categories 1 persons placed in non-penal, preventive detention to stop them from rejoining hostilities 2 persons who face or are expected to face criminal charges and 3 persons who have been cleared for transfer or release, whom the United States continues to detain pending transfer. Although the Supreme Court ruled in Boumediene v. Bush that Guantanamo detainees may seek habeas corpus review of the legality of their detention, several legal issues remain unsettled.

Subject Categories:

  • Sociology and Law

Distribution Statement:

APPROVED FOR PUBLIC RELEASE