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Hamdan v. Rumsfeld

United States Supreme Court
548 U.S.557, 126 S. Ct. 2749, 165 L. Ed. 3d 723 (2006)



Salim Ahmed Hamdan (defendant) is a Yemeni national who was captured by the United States government in 2001 and transported to Guantanamo Bay, a United States detention facility, in 2002. After one year, Hamdan was deemed eligible for trial by a United States military commission. After two years in custody, Hamdan was charged with one count of “conspiracy to commit offenses connected with the attacks of September 11, 2001.” Hamdan petitioned for a writ of habeas corpus, challenging the authority of the military commissions to try him. The United States Supreme Court granted certiorari. In rendering its decision on the legality of Hamdan’s trial by military commission, the Supreme Court considered whether the military commissions’ structure and procedures violated the Uniform Code of Military Justice and the four Geneva Conventions of 1949 to which the United States is a party. Particularly, the Supreme Court focused on interpreting Common Article 3 of the Geneva Conventions.

Rule of Law


Holding and Reasoning (Stevens, J.)

Concurrence (Breyer, J.)

Concurrence (Kennedy, J.)

Dissent (Thomas, J.)

Dissent (Alito, J.)

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