Civil Liberties, Habeas Corpus, and the War on Terror

Civil Liberties, Habeas Corpus, and the War on Terror

Civil Liberties, Habeas Corpus, and the War on Terror.

Civil Liberties, Habeas Corpus, and the War on Terror: A writ of Habeas Corpus is an order which is enforceable by the judiciary.  The term originated from Latin, and originally meant “You have the Body.”

This is normally issued by a court of law to a prison official demanding for the presentation a prisoner before the court in order for it to be determined if he/she had been imprisoned lawfully plus whether his or her release from prison would be just.

The government is oblige to prove whether it has the right to hold an individual for a long period without trying him or her.  The congress suspending the writ of habeas corpus is not a possibility unless

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It is a judicial mandate that provides for a person to come before a court for the determination of whether the government has the right to proceed with their detention.

The congress can neither reduce the rights of habeas corpus nor suspend them, unless in cases when there is national emergency. During such instances, the congress can only suspend or reduce the rights in a case where the president declares a National Emergency during a time.

The Military Commissions Act has no effects on the writs of habeas corpus which have already been filed within the Federal Civilian Courts for those individuals who are held by the United States.

References

Bradley, C. A. (2007). The Military Commissions Act, Habeas Corpus and the Geneva Conventions. American Journal of International Law, 322-344.

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