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Hamdan v. Rumsfeld: The Supreme Court Affirms International Law

Wednesday, August 16

In a 5-3 decision on June 29th reversing the Court of Appeals (D.C. Circuit) in Hamdan v. Rumsfeld, the Supreme Court upheld the Geneva Conventions of 1949 as enforceable U.S. law. A plurality of the justices also relied on international law to strengthen another key finding in the case. They restored the critical partnership that international law has with federal law. The Supreme Court justices demonstrated how fundamental tenets of international law amplify American values and are deeply embedded in U.S. law. No other decision of the Supreme Court in recent years has so forthrightly reaffirmed American obligations under international law.

In a 5-3 decision on June 29th reversing the Court of Appeals (D.C. Circuit) in Hamdan v. Rumsfeld, the Supreme Court upheld the Geneva Conventions of 1949 as enforceable U.S. law. A plurality of the justices also relied on international law to strengthen another key finding in the case. They restored the critical partnership that international law has with federal law. The Supreme Court justices demonstrated how fundamental tenets of international law amplify American values and are deeply embedded in U.S. law. No other decision of the Supreme Court in recent years has so forthrightly reaffirmed American obligations under international law.

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