Al Maqaleh v. Gates

Abstract

Does the constitutional right to habeas corpus reach to Bagram Air Base in Afghanistan? In Boumediene v. Bush, the Supreme Court held that noncitizens detained at the American naval base at Guantanamo Bay, Cuba could avail themselves of the constitutional right of habeas corpus. In Al Maqaleh v. Gates the DC Circuit faced the same question with regard to Bagram, and ruled that Bagram, while also an offshore American military base, was not analogous to Guantanamo with regard to habeas rights. This brief essay describes the case and analyzes its significance in light of the larger debates over the conflict in Afghanistan and against al Qaeda.

Keywords: constitutional rights of detained non-citizens, conflict in Afganistan, Bagram Air Base