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Hamdan v. Rumsfeld

Docket No.: 05-184
Certiorari Granted: Nov 7 2005
Argued: March 28, 2006
Decided: June 29, 2006

Topics:

Uniform Code of Military Justice, Criminal Procedure, Habeas Corpus

PartyNames: Salim Ahmed Hamdan v. Donald H. Rumsfeld, Secretary of Defense, et al.
Petitioner: Salim Ahmed Hamdan
Respondent: Donald H. Rumsfeld, Secretary of Defense, et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit

Salim Ahmed Hamdan
v.
Donald H. Rumsfeld, Secretary of Defense, et al.
548 U.S. 557 (2006)
Question Presented:

1. Whether the military commission established by the President to try petitioner and others similarly situated for alleged war crimes in the "war on terror" is duly authorized under Congress's Authorization for the Use of Military Force (AUMF), Pub. L. No. 107-40, 115 Stat. 224; the Uniform Code of Military Justice (UCMJ); or the inherent powers of the President? 2. Whether petitioner and others similarly situated can obtain judicial enforcement from an Article III court of rights protected under the 1949 Geneva Convention in an action for a writ of habeas corpus challenging the legality of their detention by the Executive branch?

Question:

May the rights protected by the Geneva Convention be enforced in federal court through habeas corpus petitions? Was the military commission established to try Hamdan and others for alleged war crimes in the War on Terror authorized by the Congress or the inherent powers of the President?

Note:

THE CHIEF JUSTICE TOOK NO PART.

Holding: judgment reversed and remanded
Decision: Decision: 5 votes for Hamdan, 3 vote(s) against
Vote: 5-3
Recused: The Chief Justice
Read HAMDAN V. RUMSFELD opinion (PDF)

Read opinion

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