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.

Comments

Includes bibliography.

Extent

133 p.

Identifier

FA00003579_0

Download

Share

COinS