Habeas corpus after 9/11 : confronting America's new global detention system / Jonathan Hafetz.

Format:

Book

Author/Creator:

Hafetz, Jonathan.

Language:

English

Subjects (All):

Guantánamo Bay Detention Camp.

Habeas corpus--United States.

Habeas corpus.

Detention of persons--United States.

Detention of persons.

Terrorism--United States--Prevention.

Terrorism.

Combatants and noncombatants (International law).

Detention of persons--Cuba--Guantánamo Bay Naval Base.

Prisoners of war--Legal status, laws, etc--Cuba--Guantanamo Bay Naval Base.

Prisoners of war.

Physical Description:

1 online resource (334 p.)

Edition:

1st ed.

Place of Publication:

New York : New York University Press, 2010.

New York, NY : New York University Press, [2011]

Language Note:

English

Summary:

The U.S. detention center at Guantánamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. It has come to epitomize lawlessness and has sparked protracted legal battles and political debate. For too long, however, Guantánamo has been viewed in isolation and has overshadowed a larger, interconnected global detention system that includes other military prisons such as Bagram Air Base in Afghanistan, secret CIA jails, and the transfer of prisoners to other countries for torture. Guantánamo is simply—and alarmingly—the most visible example of a much larger prison system designed to operate outside the law.Habeas Corpus after 9/11 examines the rise of the U.S.-run global detention system that emerged after 9/11 and the efforts to challenge it through habeas corpus (a petition to appear in court to claim unlawful imprisonment). Habeas expert and litigator Jonathan Hafetz gives us an insider’s view of the detention of “enemy combatants” and an accessible explanation of the complex forces that keep these systems running. In the age of terrorism, some argue that habeas corpus is impractical and unwise. Hafetz advocates that it remains the single most important check against arbitrary and unlawful detention, torture, and the abuse of executive power.

Contents:

Front matter

Contents

Acknowledgments

Introduction

1. Laying the Foundation for the “War on Terror”

2. Guantánamo

3. Guantánamo beyond Guantánamo

4. Crossing a Constitutional Rubicon

5. Habeas Corpus and the Right to Challenge Unlawful Imprisonment

6. The Seeds of a Global Constitution

7. A Modest Judicial Intervention

8. The Battle for Habeas Corpus Continues

9. Tackling Prisons beyond the Law

10. Toward a Better Understanding of Habeas Corpus

11. The Elusive Custodian

12. Terrorism as Crime

13. Continuity and Change

Notes

Index

About the Author

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

This eBook is made available Open Access under a Creative Commons Attribution (CC BY) license: https://creativecommons.org/licenses/by-nc-sa/4.0

Description based on online resource; title from PDF title page (publisher's Web site, viewed 23. Jul 2020)

ISBN:

9780814790793

0814790798

9780814773437

0814773435

OCLC:

779828412