On November 10th, the Supreme Court agreed to decide whether aliens detained at the U.S. naval base at Guantanamo Bay in Cuba as a result of the war-on-terrorism, can go to U.S. courts for habeas corpus review. 

Two joined suits, Rasul v. Bush, No. 03-334, and Al Odah v. United States, No. 03-343, were filed on behalf of twelve Kuwaitis, two British citizens and two Australians captured in Afghanistan or Pakistan after the September 11 attacks.  These and other captured aliens were taken to Guantanamo Bay, sovereign territory of the U.S.

The Bush administration has claimed that because of Guantanamo’s status, U.S. courts had no jurisdiction over the cases of the aliens.  Prior precedents have concluded that U.S. courts have no jurisdiction over non-Americans detained abroad, and lower courts have unanimously decided that they have no jurisdiction to review the Guantanamo detainees’ cases.  The U.S. Court of Appeals ruled earlier this year, citing Johnson v. Eisentrager (1950), that because the prisoners were aliens who were not on U.S. territory, U.S. courts had no jurisdiction to hear these cases.

Lawyers for the aliens argued that Guantanamo is under “de facto control” of the U.S., having been leased by Cuba to the U.S. for the last 100 years.  The lawyers also argued that the aliens held in Guantanamo had not been charged with any offense or found to be “enemy alien[s]” or “combatant[s].”

A group of Americans who were former prisoners of war advocated for the Supreme Court to rule against the Bush administration so the U.S. could “demand fair and humane treatment for future American detainees” because of the way it treated the Guantanamo prisoners.

Other cases have arisen due to the current war and anti-terrorism measures.  Hamadi v. Rumsfeld, No. 03-6696, has already reached the Supreme Court, and more are on the way.