Introducing 

Prezi AI.

Your new presentation assistant.

Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.

Loading…
Transcript

Questions

Additional Research

According to his father, Hamdi went to Afghanistan in the late summer of 2001 as a relief worker. He was then captured less than two months after his arrival, by the Afghan Northern Alliance. They turned him over to U.S. military authorities during the U.S. invasion of Afghanistan. After his capture in 2001, Hamdi was detained and interrogated in Afghanistan. In January 2002, the Americans transferred Hamdi to Guantanamo Bay Naval Base. In April 2002, when officials discovered that he held U.S. (as well as Saudi) citizenship, they transferred him to a Naval prison in Norfolk, Virginia.

Guantamo Bay, Cuba, is a U.S territory also known as Naval Base Guantanamo Bay . In another case called Rasul v. Bush, a question arose to whether or not United States Courts should give jurisdiction to consider challanges from foreigners captured abroad and detained in the Naval Bases (U.S Territory). In the Rasul v. Bush case 650 foreigners were captured abroad but detained at the Naval Base. Even though Guantamo Bay Naval Base is on Cuban soil, the court ruled that the foriengers are allowed to ask U.S Courts if their detention is legal.

Should Hamdi have a right to a hearing though he was caught in enemy combat?

Decision and Explanation

1.

Both these cases provided as a past precedent, providing detainees the right to challenge their detention before a judge.

2.

Should the US be able to prevent US citizens from enemy combat?

Arguments Against

In the end, Hamdi had a right to a hearing. The Court ruled 6-3 that Hamdi had a right to hearing.This ties into another case, Rasul v. Bush, where the prisoners got a court hearing because they had been held for more than two years in US territory. Even though they were not on U.S soil, they could ask U.S courts if their detention was legal. In the Hamdi v. Rumsfeld case, Justice Sandra Day O'Connor stated that the Court has "made clear that a state of war is not a blank check he president when it comes to the rights of the nation's citizens.

1.The government stated it had the authority to hold enemy combatants captured on the battlefield to prevent them from returning to the battle.

2.The U.S military stated that Hamdi was an enemy combatant in Afganistan engaged in armed conflict against the U.S.

Arguments in Support

1. The United States has never authorized detention of a citizen in this country without giving him an opportunity to be heard.

2. Justice Sandra Day O'Connor, the presiding judge of the case, stated that "a state of war is not a blank check for the president when it comes to the rights of the nation's citizens [...] an unchecked system of detention can lead to oppression and abuse."

Justice Sandra Day O' Connor was the presiding judge in both cases.

What Rights Are Covered?

Hamdi v. Rumsfeld

The due process rights are addressed in this case. Hamdi's attorney said that Hamdi deserved the rights that other Americans have. He should be allowed a hearing in court so he could argue his side. The Fifth Amendment states that no one shall be deprived of life, liberty or property without due process of law. This also covers the Fourteenth Amendment addressing citizenship rights and equal protection of the laws.

Plaintiff: Hamdi

Defendant: Rumsfeld

Year: 2001

Location: Guantanama Bay, Cuba

All members involved: Hamdi, US military and Donald Rumsfeld, the Secretary of Defense at the time

Facts and Background

The U.S military said Hamdi was an enemy combatant, "engaged in an armed conflict against the United States". The military learned that Hamdi was born in Louisiana.

What's the Problem?

Hamdi was born in the United States, but was caught fighting as an enemy combatant in Afganistan. Does he deserve the due process rights that other Americans citizens have?

Case 25 - Due Process Rights in Wartime: Hamdi v. Rumsfeld & Rasul v. Bush

Learn more about creating dynamic, engaging presentations with Prezi