Supreme Court Re: US Citizens detained abroad by US
Legal Topics | 2008/06/13 15:46

The US Supreme Court ruled Thursday in the consolidated cases of Munaf v. Geren and Geren v. Omar that federal courts have jurisdiction over habeas corpus petitions filed by American citizens detained abroad by US military personnel, even if the military is operating under a multinational force. Although the Court found such a right exists, it rejected the appeals of two Americans held in US custody in Iraq who had sought to use US courts to challenge their foreign convictions, holding that:

Munaf and Omar are alleged to have committed hostile and warlike acts within the sovereign territory of Iraq during ongoing hostilities there. Pending their criminal prosecution for those offenses, Munaf and Omar are being held in Iraq by American forces operating pursuant to a UN Mandate and at the request of the Iraqi Government. Petitioners concede that Iraq has a sovereign right to prosecute them for alleged violations of its law. Yet they went to federal court seeking an order that would allow them to defeat precisely that sovereign authority. Habeas corpus does not require the United States to shelter such fugitives from the criminal justice system of the sovereign with authority to prosecute them.

For all the reasons given above, petitioners state no claim in their habeas petitions for which relief can be granted, and those petitions should have been promptly dismissed.
Read the Court's opinion per Chief Justice Roberts, and a concurrence by Justice Souter.

Mohammad Munaf was convicted and sentenced to death for the 2005 kidnapping of three Romanian journalists in Baghdad, and the US Court of Appeals for the DC Circuit ruled in April 2007 that it lacked authority to interfere with the Iraqi court case. Two months earlier, however, the same court had ruled that Shawqi Omar, arrested for allegedly harboring insurgents in Iraq, had a right to argue his case in US courts. The appeals court blocked Omar's transfer to Iraqi courts. In March, Munaf's conviction was overturned by an Iraqi appeals court. Lawyers for the detainees argued that because they are in US custody, they should have access to US courts.

Mohammad Munaf was convicted and sentenced to death for the 2005 kidnapping of three Romanian journalists in Baghdad, and the US Court of Appeals for the DC Circuit ruled in April 2007 that it lacked authority to interfere with the Iraqi court case. Two months earlier, however, the same court had ruled that Shawqi Omar, arrested for allegedly harboring insurgents in Iraq, had a right to argue his case in US courts. The appeals court blocked Omar's transfer to Iraqi courts. In March, Munaf's conviction was overturned by an Iraqi appeals court. Lawyers for the detainees argued that because they are in US custody, they should have access to US courts.



[PREV] [1] ..[1574][1575][1576][1577][1578][1579][1580][1581][1582].. [1699] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
Court ends hearing into corruptio..
North Carolina Court to Rule on L..
EU closer to sanctions on Poland ..
Pakistan's opposition calls on co..
Kansas faces skeptical state Supr..
Federal court's agenda has topics..
Parents of sick UK infant storm o..
Hearing In San Diego Unified Suit..
Man charged with killing Maine co..
Rob Kardashian's ex-fiancee arriv..
Supreme Court deadline nears for ..
Relatives of Slain US Troops Desc..
First Opioid Court in the U.S. Fo..
Indiana high court to rule on Lak..
Court: Detained immigrant childre..
More court challenges expected fo..
Appeals court backs Jimmy John's ..
Court: Energy firm can pass $55M ..
Abduction suspect makes first app..
Indiana high court to rule on Lak..




Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Houston Estate Administration Lawyer
www.trishaenglishlaw.com
Car Accidents Attorneys
New Rochelle Personal Injury
www.kboattorneys.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Law Firm Web Design Templates
Lawyer Website Templates
www.webpromo.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved. The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

Law Firm Website Design by Lawyer Website Design Blog - Lawyer Web Site Design That Works