The enemy combatants detained at Guantanamo and the waivers of due process of law

Abstract

The article illustrates the complex relationship between due process of law and enemy combatants detained at Guantanamo. Through a historical reconstruction of congressional, executive, and judicial efforts to address this issue, it finds that they have chosen not to apply constitutional guarantees, particularly due process of law, to this category of detainees. The article offers a possible solution to this problem, believing that it is already present in the pronouncements of the Supreme Court, and specifically in Boumediene v. Bush of 2008.