The Predicates of Military Detention at Guantánamo: The Role of Individual Acts and Affiliations

Journal of Empirical Legal Studies, Forthcoming

U of Chicago, Public Law Working Paper No. 608

42 Pages Posted: 1 Dec 2016 Last revised: 31 Jan 2017

See all articles by Aziz Z. Huq

Aziz Z. Huq

University of Chicago - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: July 1, 2016

Abstract

The military detentions at Guantánamo have provoked intense controversy. Judges, legislators, and military officials disagree sharply about the scope of detention authority. To date little is known about the granular determinants of decisions to transfer detainees from custody at the Cuban base or to prolong their detention. This Article exploits a novel data-set of classified documents disclosed by the Wikileaks organization to explore two questions now dividing officials, legislators, and judges. First, what are the detainee actions and affiliations that predict longer detentions? Second, what is the relationship between a determination that a detainee committed certain acts and the further inference of affiliation with a proscribed terrorist organization? These inquiries isolate both continuities and divergences from the law ‘on the books.’

Keywords: Military Detention, Guantanamo

Suggested Citation

Huq, Aziz Z., The Predicates of Military Detention at Guantánamo: The Role of Individual Acts and Affiliations (July 1, 2016). Journal of Empirical Legal Studies, Forthcoming; U of Chicago, Public Law Working Paper No. 608. Available at SSRN: https://ssrn.com/abstract=2877207 or http://dx.doi.org/10.2139/ssrn.2877207

Aziz Z. Huq (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
45
Abstract Views
342
PlumX Metrics