Guantanamo Forever: United States Sovereignty and the Unending State of Exception

Harvard Law and Policy Review, Vol. 1, p. 259, 2007

8 Pages Posted: 27 Mar 2009 Last revised: 17 Mar 2016

See all articles by Mary Anne Franks

Mary Anne Franks

University of Miami School of Law

Date Written: 2007

Abstract

This book review essay considers the Guantanamo Bay detention facility both before and after it became the focus of international attention. Brandt Goldstein's 'Storming the Court: How a Band of Yale Law Students Sued the President - and Won' is a vivid account of the experience of Haitian refugees who were detained at Guantanamo in 1991. The review maintains that Guantanamo was then and continues to be a no-man's land, where individuals are detained by US force and yet not protected by US laws. The essay suggests that Guantanamo is in danger of becoming a site of unending exception, where sovereign power is allowed to determine indefinitely not only the law, but what lies outside the law.

Keywords: Guantanamo, terrorism, unlawful combatant, sovereignty, Carl Schmitt, Giorgio Agamben, torture

Suggested Citation

Franks, Mary Anne, Guantanamo Forever: United States Sovereignty and the Unending State of Exception (2007). Harvard Law and Policy Review, Vol. 1, p. 259, 2007, Available at SSRN: https://ssrn.com/abstract=1369355

Mary Anne Franks (Contact Author)

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

HOME PAGE: http://www.law.miami.edu/faculty/mary-anne-franks

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
110
Abstract Views
728
rank
299,234
PlumX Metrics