Following the terrorist attacks of 9/11, Congress passed the
Authorization to Use Military Force (AUMF), which granted the
President the authority "to use all necessary and appropriate force
against those ... who] planned, authorized, committed, or aided the
terrorist attacks" against the United States. Many persons
subsequently captured during military operations in Afghanistan and
elsewhere were transferred to the U.S. Naval Station at Guantanamo
Bay, Cuba, for detention and possible prosecution before military
tribunals. Although nearly 800 persons have been held at Guantanamo
at some point since early 2002, the substantial majority of
Guantanamo detainees have ultimately been transferred to another
country for continued detention or release. Those detainees who
remain fall into three categories: (1) persons placed in non-penal,
preventive detention to stop them from rejoining hostilities; (2)
persons who face or are expected to face criminal charges; and (3)
persons who have been cleared for transfer or release, whom the
United States continues to detain pending transfer. Although the
Supreme Court ruled in Boumediene v. Bush that Guantanamo detainees
may seek habeas corpus review of the legality of their detention,
several legal issues remain unsettled.
General
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