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] ..[1682][1683][1684][1685][1686][1687][1688][1689][1690].. [1807] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
German Court: Kuwait Airways Can ..
Free Speech Is Starting to Domina..
Court gives go-ahead for minimum ..
Feds head to court to seek dismis..
Kenya court set to hear petitions..
Samsung worker killed by brain tu..
Trump choosing white men as judge..
Florida man back at Supreme Court..
High court to hear appeal in Newt..
Top German court strengthens inte..
Human rights group accuses Guatem..
Telescope permit decision appeale..
Michigan health chief back in cou..
US court bars Trump from reversin..
Illinois to require veterans cour..
Court: No right to copy court rep..
Brazilian court revives case agai..
Indonesia court upholds seizure o..
Burundi becomes 1st to leave Inte..
Court gives government a win in y..




San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
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
Cobb County Criminal Attorney
Georgia Criminal Defense Lawyer
www.andrewschwartzlaw.com
Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.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