The War on Terror went full-throttle after the 9/11 attacks on the World Trade Center and the Pentagon. Legislation was written to give the President the authority to combat terrorists.
The Authorization for the Use of Military (AUMF) in 2001 was unveiled as a response to the terror attacks. It stated “that the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”
On Nov. 13, 2001, President George Bush signed a military order to detain non-US citizen enemy combatants and try them under military tribunals.
Soon after, the AUMF was expanded in 2002, to “legalize” the preemptive war in Iraq. The propaganda basis for the preemptive strike was that Iraq harbored terrorists, had weapons of mass destruction, and was hostile to the U.S.
Detainment was determined to be constitutional and an appropriate “use of force” by the Supreme Court and Congress, including detaining those deemed enemy combatants and hostile to the U.S. and its interests. Many detainees were and are sent to U.S. Naval Base at Guantanamo Bay, Cuba.
As a way of protest, detainees at Guantanamo used a writ of habeas corpus to challeneg the legality of their detainment as a prisoner of war under the Geneva Convention.
What is habeas corpus? Amnesty International explains that habeas corpus under the Geneva Convention, “guarantees people seized and detained by the government the right to question the grounds of their detention before an impartial tribunal and request the government to provide a legal and factual basis for the detention…A petition for habeas corpus asks whether or not a person should be detained based on available legal evidence and prevents indefinite detention without charge.”Details