USA: Court upholds provisions removing habeas corpus of the Military Commissions Act

On 13 December, a district court judge upheld certain provisions of the Military Commissions Act that removed the statutory right of foreigners designated as “unlawful enemy combatants” to challenge the legality of their detention before US civilian courts. The Court held that, as an “enemy alien” captured outside the US and detained at Guantánamo Bay, Hamdan did not have a right to habeas corpus under the US Constitution. On 5 December, Senator Specter (Republican) introduced a bill to restore the rights of detainees to challenge the legality of their detention. 

Ruling Specter Bill