Date of Award
2011
Document Type
Dissertation/Thesis
Submission Date
October 2026
Thesis/Dissertation Advisor [Chair]
Tunick, Mark
Thesis/Dissertation Co-Chair
Vázquez, Miguel Ángel
Abstract
In Boumediene v. Bush, the Supreme Court held that individuals detained as enemy combatants at U.S. Naval Base Guantánamo Bay (GTMO) during the War on Terror are constitutionally entitled to the writ of habeas corpus. In so finding, the Court failed to thoroughly investigate the nature of the United States‟ relationship with Cuba – an investigation that would have indicated that procedural due process also ought to be extended to those detained at the base. In this thesis, I review the legal battle over enemy combatants, evaluate the writ of habeas corpus as a remedy for unlawful detention, examine the extension of the Constitution beyond its territorial limits, conduct a detailed review of U.S.-Cuban relations, and conclude that GTMO detainees are also constitutionally entitled to all the protections of procedural due process.
Recommended Citation
Gray, Alan R., "Rompiendo las cadenas de injusticia: El caso para juzgar a los combatientes enemigos justamente" (2011). Harriet L Wilkes Honors College Theses 2010 - 2019. 59.
https://digitalcommons.fau.edu/etd_honors_2/59
Extent
162 p.
Identifier
FA00003580
Comments
Includes bibliography.