Guantanamo Bay detention camp: Difference between revisions
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=== Legal status === | === Legal status === | ||
The particular legal status of Guantánamo Bay was a factor in the choice of Guantánamo as a detention center. Because sovereignty of Guantánamo Bay ultimately resides with Cuba, the U.S. government argued unsuccessfully that U.S. courts had no jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantánamo Bay.(see ''Cuban American Bar Ass'n, Inc. v. Christopher, 43 F.3d 1412'' (11th Cir. 1995)). In 2004, the Supreme Court rejected this argument in the case ''Rasul v. Bush'' brought by the Center for Constitutional Rights, with the majority decision and ruled that prisoners in Guantánamo have access to American courts to challenge the legality of their detention, citing the fact that the U.S. has exclusive control over Guantánamo Bay. | The particular legal status of Guantánamo Bay was a factor in the choice of Guantánamo as a detention center. Because sovereignty of Guantánamo Bay ultimately resides with Cuba, the U.S. government argued unsuccessfully that U.S. courts had no jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantánamo Bay.(see ''Cuban American Bar Ass'n, Inc. v. Christopher, 43 F.3d 1412'' (11th Cir. 1995)). In 2004, the Supreme Court rejected this argument in the case ''Rasul v. Bush'' brought by the Center for Constitutional Rights, with the majority decision and ruled that prisoners in Guantánamo have access to American courts to challenge the legality of their detention, citing the fact that the U.S. has exclusive control over Guantánamo Bay. | ||