Rasul et al. v. Bush et al. fr

Country of proceedings : United States
Context of crimes : Afghanistan, War on terrorism
Date: 2002 – 2004
Keywords: Terrorism, Geneva conventions, combatant status, jurisdiction, habeas corpus

Shafiq Rasul, Asif Iqbal and David Hicks were transferred to Guantanamo in January 2002, after their capture in Afghanistan. The Rasul v. Bush case started when these detainees filed a petition for a writ of habeas corpus in the U.S. District Court of Columbia, requesting their release, private conversations with their attorneys and the cease of interrogations until the trials were completed.

The District Court dismissed the case on 30 July 2002 on grounds that it did not have jurisdiction. The District Court ruled that U.S. courts only have jurisdiction on a U.S. sovereign territory, referring to Johnson v. Eisentrager stipulating that U.S. courts had no jurisdiction over German war criminals held in U.S. administrated German prisons. This decision was confirmed on appeal and the case went to the U.S. Supreme Court.

On 2004, Rasul and Iqbal were transferred to the United Kingdom and David Hicks was charged before a Military commission for conspiracy, attempted murder and aiding the enemy. On 28 June 2004, the U.S. Supreme Court found that foreign nationals imprisoned without charge at the Guantanamo Bay interrogation camps were entitled to bring legal action challenging their captivity in U.S. federal civilian courts.

Court documents

19-02-2002 – District Court: Petition for a writ of Habeas Corpus
18-03-2002 – District Court: Respondent’s motion
30-07-2002 – District Court: Memorandum opinion
20-04-2004 – Supreme Court: Oral arguments
28-06-2004 – Supreme Court: Decision