Publication

After the US Supreme Court held that US courts have jurisdiction pursuant to 28 USC § 2241 to hear legal challenges on behalf of persons detained at Guantanamo Bay, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. This report provides an overview of the early judicial developments and the establishment of CSRT procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act.