International Decision: Munaf v. Geren

American Journal of International Law, Vol. 102, 2008

UGA Legal Studies Research Paper No. 08-011

15 Pages Posted: 17 Dec 2008  

Harlan Grant Cohen

University of Georgia School of Law; University of Georgia - Dean Rusk International Law Center

Date Written: December 2008

Abstract

This International Decision case comment, the final version of which will be published in Volume 102, No. 4, of the American Journal of International Law (forthcoming), examines the U.S. Supreme Court's decision in Munaf v. Geren, a case arising out of U.S. operations in Iraq and allegations of potential torture in Iraqi custody. In that decision, a unanimous Supreme Court held that the federal courts have jurisdiction under the habeas corpus statute to hear claims brought by American citizens held overseas by American forces "operating subject to an American chain of command, even when those forces are acting as a part of multilateral coalition." In a defeat for the petitioners, however, the Court held that where petitioners are being held in another sovereign's territory for crimes allegedly committed in that territory, federal courts should not interfere by enjoining their transfer to that sovereign. The Court further held that concerns of torture after transfer did not change the result and that such concerns are best assessed and handled by the political branches. This case comment discusses the Court's decision and analyzes its potential impact.

Keywords: Habeas corpus, Iraq, torture

JEL Classification: K33

Suggested Citation

Cohen, Harlan Grant, International Decision: Munaf v. Geren (December 2008). UGA Legal Studies Research Paper No. 08-011; UGA Legal Studies Research Paper No. 08-011. Available at SSRN: https://ssrn.com/abstract=1315449

Harlan Grant Cohen (Contact Author)

University of Georgia School of Law ( email )

Hirsch Hall
Athens, GA 30602
United States
706-542-5166 (Phone)

University of Georgia - Dean Rusk International Law Center ( email )

100 Herty Drive
Athens, GA 30602-6018
United States

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