Rasul v. Bush

Rahul v. Bush is a 2004 decision of the Supreme Court of the United States, dealing with the legality of extrajudicial detention of persons, suspected of al-Qaeda and Taliban membership, at the Guantanamo Bay detention camp. The Court determined "United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay."

Rahul et al. are 2 Australians and 12 Kuwaitis, captured by U.S. troops in the Afghanistan War (2001-). The main argument by the Executive Branch was that Johnson v. Eisentrager allowed military jurisdiction outside the United States. The court found significant differences from Eisentrager, and observed that Eisentrager had only addresssed the prisoners’ right to habeas review.

Habeas, in Braden v. 30th Judicial Circuit Court of Kentucky is addressed to the person holding the prisoner, not the prisoner. In Eisentrager, China and Germany were areas occupied during warfare, rather than Naval Station Guantanamo Bay, an area leased to the United States. While Guantanamo Bay is not on U.S. soil, it has a much closer relationship to the U.S. judicial system than did China or Germany, or indeed Afghanistan. In the words of the Court, "By the express terms of its agreements with Cuba, the United States exercises complete jurisdiction and control over the Guantanamo Base, and may continue to do so permanently if it chooses."

The George W. Bush Administration argued that legislation is presumed not to have extraterritorial application unless Congress clearly manifests such an intent. They agreed that if an American citizen, at Guantanamo, were to make a habeas petition, there would be federal court jurisdiction. The Court said "there is little reason to think that Congress intended the statute’s geographical coverage to vary depending on the detainee’s citizenship. Aliens held at the base, like American citizens, are entitled to..." Federal courts.