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Habeas Corpus after 9/11

Confronting America's New Global Detention System
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The U.S. detention center at Guantanamo 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, Guantanamo 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. Guantanamo 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.
Acknowledgments Introduction Part 1 1 Laying the Foundation for the "War on Terror" 2 Guantanamo: Microcosm of a Prison beyond the Law 3 Guantanamo beyond Guantanamo: Toward a Global Detention System 4 Crossing a Constitutional Rubicon: The Domestic "Enemy Combatant" CasesPart 2 5 Habeas Corpus and the Right to Challenge Unlawful Imprisonment 6 The Seeds of a Global Constitution Part 3 7 A Modest Judicial Intervention: The First Supreme Court "Enemy Combatant" Decisions 8 The Battle for Habeas Corpus Continues 9 Tackling Prisons beyond the Law: Guantanamo Revisited ContentsPart 4 10 Toward a Better Understanding of Habeas Corpus: Individual Rights and the Role of the Judiciary during Wartime 11 The Elusive Custodian: Some Potential Limits of Habeas Corpus 12 Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy 13 Continuity and Change: The Detention Policy of a New Administration Notes Index About the Author
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