Federal appeals court rules that Guantanamo Bay detainees have no legal rights in the US
In answer the Supreme Court rejected the proposition "that the Fifth Amendment confers rights upon all persons, whatever their nationality, wherever they are located and whatever their offenses," id.
at 783. The Court continued: "If the Fifth Amendment confers its rights on all the world ... [it] would mean that during military occupation irreconcil- able enemy elements, guerrilla fighters, and 'werewolves' could require the American Judiciary to assure them free- doms of speech, press, and assembly as in our First Amend- ment, right to bear arms as in the Second, security against 'unreasonable' searches and seizures as in the Fourth, as well as rights to jury trial as in the Fifth and Sixth Amendments." Id. at 784. (Shortly before Germany's surrender, the Nazis began training covert forces called "werewolves" to conduct terrorist activities during the Allied occupation. See, e.g., http://www.archives.gov/iwg/declassified_records/oss_records_ 263_wilhelm_hoettl.html.) The passage of the opinion just quoted may be read to mean that the constitutional rights mentioned are not held by aliens outside the sovereign terri- tory of the United States, regardless of whether they are
On January 10, 2003, Amnesty International sent a letter to the Bush administration noting that exactly a year had passed since the U.S. military first began to place a group of detainees at Guantanamo Bay, Cuba. Amnesty called the prisoners’ situation a “legal black hole,” referring to the fact that the United States government continues to argue that the nearly 650 detainees from an estimated 40 nations are not entitled to any of the legal protections of U.S. domestic law or international human rights law.