布什高院败诉,美国获胜

美国最高法院在这周做出的两项裁定否决了布什总统要求在战争时期得到的压倒一切的权利。在亚瑟尔·哈姆迪一案中,高院拒绝了布什政府关于军方可以将美国公民作为"敌方战士"无限期拘押的要求。这种拘押方式从不给被拘押者在中立的裁定者面前为自己被拘押的罪名进行申辩的权利。在另一件有14位不同国籍的外国公民提起的诉讼中,高院同样驳回了政府的申辩。美国政府争辩说由于美国关塔纳摩海军基地名义上是在古巴的主权管辖内,所以美国法院无权受理被拘押者提起的诉讼-这些人无权决定美国军方将他们关押在哪里。

虽然两桩案子都没有提到发生在阿布格勒布监狱的虐囚丑行及美国政府重量级律师们炮制的,授权虐待行为的秘密备忘录,但这两点很可能也是影响法官判决的原因。布什政府曾信誓旦旦地说:"相信我们,没错的。"显然,法院认为政府的所作所为并没有赢得信任。

另一点不言而喻的考虑大概就是吸引了相当国际关注的关塔纳摩湾一案。近几年,大多数的美国高院法官都明确表达了美国法律多边主义的观点,这与布什政府的单边主义行为形成鲜明对照。

To continue reading, please log in or enter your email address.

Registration is quick and easy and requires only your email address. If you already have an account with us, please log in. Or subscribe now for unlimited access.

required

Log in

http://prosyn.org/OEKebwY/zh;
  1. Patrick Kovarik/Getty Images

    The Summit of Climate Hopes

    Presidents, prime ministers, and policymakers gather in Paris today for the One Planet Summit. But with no senior US representative attending, is the 2015 Paris climate agreement still viable?

  2. Trump greets his supporters The Washington Post/Getty Images

    Populist Plutocracy and the Future of America

    • In the first year of his presidency, Donald Trump has consistently sold out the blue-collar, socially conservative whites who brought him to power, while pursuing policies to enrich his fellow plutocrats. 

    • Sooner or later, Trump's core supporters will wake up to this fact, so it is worth asking how far he might go to keep them on his side.
  3. Agents are bidding on at the auction of Leonardo da Vinci's 'Salvator Mundi' Eduardo Munoz Alvarez/Getty Images

    The Man Who Didn’t Save the World

    A Saudi prince has been revealed to be the buyer of Leonardo da Vinci's "Salvator Mundi," for which he spent $450.3 million. Had he given the money to the poor, as the subject of the painting instructed another rich man, he could have restored eyesight to nine million people, or enabled 13 million families to grow 50% more food.

  4.  An inside view of the 'AknRobotics' Anadolu Agency/Getty Images

    Two Myths About Automation

    While many people believe that technological progress and job destruction are accelerating dramatically, there is no evidence of either trend. In reality, total factor productivity, the best summary measure of the pace of technical change, has been stagnating since 2005 in the US and across the advanced-country world.

  5. A student shows a combo pictures of three dictators, Austrian born Hitler, Castro and Stalin with Viktor Orban Attila Kisbenedek/Getty Images

    The Hungarian Government’s Failed Campaign of Lies

    The Hungarian government has released the results of its "national consultation" on what it calls the "Soros Plan" to flood the country with Muslim migrants and refugees. But no such plan exists, only a taxpayer-funded propaganda campaign to help a corrupt administration deflect attention from its failure to fulfill Hungarians’ aspirations.

  6. Project Syndicate

    DEBATE: Should the Eurozone Impose Fiscal Union?

    French President Emmanuel Macron wants European leaders to appoint a eurozone finance minister as a way to ensure the single currency's long-term viability. But would it work, and, more fundamentally, is it necessary?

  7. The Year Ahead 2018

    The world’s leading thinkers and policymakers examine what’s come apart in the past year, and anticipate what will define the year ahead.

    Order now