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SUMMARY:Conflicts and Compromises: National Security and the Changing Land
 scape of Detention Law in the United States - Rid Dasgupta (Clare Hall)
DTSTART:20100126T173000Z
DTEND:20100126T190000Z
UID:TALK22560@talks.cam.ac.uk
CONTACT:Ilya Berkovich
DESCRIPTION:The current _war on terror_ has an unprecedented dimension ero
 sive of the international law distinctions between armed conflicts and pea
 cetime civilian disputes. Domestically\, United States federal courts have
  developed a constitutional and statutory jurisprudence that distinguishes
  between national security issues and domestic questions. The attrition of
  erstwhile internationally-honoured distinctions has permitted the United 
 States to argue that the Guantánamo Bay detainees may be held indefinitel
 y without charge. Extending constitutional guarantees to the Guantánamo d
 etainees\, in *Hamdi v.* *Rumsfeld *(2004) and later in *Hamdan v.* *Rumsf
 eld *(2006) the U.S. Supreme Court has accorded definitive construction to
  the Geneva Conventions (Common Article 3)\, has applied _habeas corpus_ t
 o detainee challenges\, and has precluded presidential unilateralism in th
 e conduct of\nwar. Most recently\, the Court sought more than just authori
 sation from the legislature. In *Boumediene v. Bush *(2008)\, the Court in
 validated a U.S. federal law passed by Congress and signed by the Presiden
 t because it denied the detainees access to _habeas corpus_. This talk wil
 l address the changing landscape of detention law and international human 
 rights law — especially\nthe role of international law history — as re
 cognised by American courts\; and whether the spate of detainee challenges
  from Guantánamo Bay has constitutionalised the diffusion of internationa
 l human rights law in U.S. domestic courts.
LOCATION:Music Room\, Peterhouse
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