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In case where detained U.S. citizen is about to be handed over to Iraqi authorities, District of Columbia Circuit holds that, to preserve its habeas corpus jurisdiction, district court may properly enjoin transfer of Petitioner to Iraqi tribunal.

Publication: International Law Update
Publication Date: 01-FEB-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
U.S. military forces in Iraq captured Shawqi Ahmad Omar (Petitioner), a U.S. citizen, in late 2004. They held him for two years incommunicado, and were planning to ship him over to Iraqi authorities for trial on terrorism charges. Petitioner claims he was in Iraq merely looking for work. The...

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...reconstruction-related Government alleges, to the contrary, that Petitioner belonged to the terrorist network of Abu Musab al Zarqawi, and that authorities found weapons and bomb-making materials with him.

In August 2005, a panel of U.S. military officers did decide to turn Omar over to the Central Criminal Court of Iraq (CCCI) for trial. This Court has national jurisdiction over various criminal offenses, including local...

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