Essay on SELLING THE PASS HABEAS

Essay on SELLING THE PASS HABEAS Essay on SELLING THE PASS HABEAS CURRENT DEVELOPMENTS PUBLIC INTERNATIONAL LAW Edited by Dominic McGoldrick and Sarah Williams SELLING THE PASS: HABEAS CORPUS, DIPLOMATIC RELATIONS AND THE PROTECTION OF LIBERTY AND SECURITY OF PERSONS DETAINED ABROAD Abstract On 31 October 2012 the Supreme Court of England and Wales handed down its judgment in Rahmatullah v Secretary of State for Foreign Aï ¬â‚¬airs and Secretary of State for Defence [2012] UKSC 48. The case concerns an application for habeas corpus brought by a citizen of Pakistan originally detained by the United Kingdom in Iraq before being transferred into the custody of the United States. Rahmatullah addresses important issues concerning the extraterritorial reach of habeas corpus under English law in respect of persons held in the custody of a foreign State, as well as the international rule of law. The case may be considered a legal victory for persons detained without trial by the US in facilities thought to be beyond the reach of the courts. However, in reality any strength in the arm of the law is drained by the priority given to the conduct of foreign aï ¬â‚¬airs, ‘forbidden territory’ for the courts, over the Court’s ruling and the UK’s obligations under international law. The case is examined in the light of similar jurisprudence from US and Australian courts. Keywords: diplomatic relations, foreign nationals, habeas corpus, international law. I. INTRODUCTION On 31 October 2012 the Supreme Court of England and Wales handed down its judgment in Rahmatullah v Secretary of State for Foreign Aï ¬â‚¬airs and Secretary of State for Defence.1 The case concerns whether a writ of habeas corpus was properly issued against the Secretaries of State with regard to a non-British citizen detained by the United States (US) authorities at Bagram airbase, Afghanistan.2 Mr Rahmatullah (R) had been arrested by the United Kingdom (UK) armed forces in Iraq in 2003 and was subsequently transferred to US custody pursuant to a Memorandum of Understanding (MoU) between the UK and the US.3 The Court held unanimously that there was 1 Rahmatullah v Secretary of State for Foreign Aï ¬â‚¬airs and Secretary of State for Defence [2012] 3 WLR 1087 (SC(E)) (‘Rahmatullah’). 2 At the time of writing Mr Ramatullah remains in US detention. 3 Rahmatullah (n 1) para 3. The MoU is entitled, ‘An Arrangement for the Transfer of Prisoners of War, Civilian Internees, and Civilian Detainees between the Forces of the United States of America, the United Kingdom of Great Britain and Northern Ireland, and Australia, 23 March 2003.’ The original MoU is unavailable to the author. [ICLQ vol 62, July 2013 pp 727–739] doi:10.1017/S0020589313000225 728 International and Comparative Law Quarterly suï ¬Æ'cient uncertainty as to whether the UK retained control over R’s detention for the court properly to issue the writ and that there was no reason to believe, at the time the writ was issued, that it would not be eï ¬â‚¬ective. However the majority4 held that the Secretaries of State had fulï ¬ lled their duties pursuant to the writ by providing evidence of the US’s refusal to return R upon their request. The writ of habeas corpus sits at the heart of constitutional law.5 It is fundamental to protect the liberty of the individual from the unlawful use of executive power.6 If the detention of a person cannot be legally justiï ¬ ed, they have the right to be released. The court has no discretion to consider matters of public policy.7 In the words of Lord Carnwath and Lady Hale in this case, ‘[t]he strength of habeas corpus is its simplicity’.8 As Lord Kerr explained in the leading judgment, it is a ï ¬â€šexible remedy that has developed over the centuries so that it may be directed not only to the authority that has actual physical custody of the detainee but also to the person or authority that has a reasonable prospect of securing control over the detainee or his production to the court.9 This principle applies whether the detainee is within the jurisdiction of the court or has been

How to Stay Organized in College

How to Stay Organized in College You might have had grand plans about getting organized in college. And yet, despite your best intentions, your plans for organization seemed to slip through your fingers. So how can you stay organized for the long road ahead? Fortunately, although there are a zillion things to manage between your first day of classes and your last, staying organized in college is a lot easier than you might think. With a little advanced planning and the right skill set, staying organized can become more of your routine instead of just your ideal. Try Various Time Management Systems If you were wholly dedicated to making some fancy schmancy new calendaring app work for you this semester, but it ended up not working at all, dont be too hard on yourself. That means a particular system didnt work for you, not that youre bad at time management. Keep trying (and trying and trying) new time management systems until you find one that clicks. And if that means using a good, old-fashioned paper calendaring system, so be it. Having some calendar is the most important part of staying organized through the chaos that is college. Keep Your Dorm Room Clean When you lived at home, you had to keep your room relatively clean. But now that youre in college, you can keep your dorm room as messy as you want, right? Wrong! As silly as it sounds, a messy dorm room can represent a messy college life. Keeping your living space clean can help with everything from preventing you from losing your keys (again) to being able to mentally focus when you need to since you wont be visually distracted by all the junk on your desk. Additionally, keeping your space clean doesnt have to take a lot of time and will lead to all those little things that make you feel like youre in control of your own life: having clean clothes to choose from in the morning, knowing where that FAFSA form went, always having your cell phone charged. If keeping your dorm room clean seems like a waste of time, spend one-week tracking how much time you spend maintaining it clean and another week tracking how much time you spend looking for stuff or trying to recover from things youve lost (like that FAFSA form). You might surprise yourself. Stay on Top of Your Responsibilities When you are faced with anything that connects with your college life responsibilities - from a cell phone bill to an email from your mom about when youre coming home for Thanksgiving - make yourself do one of four things: Do it Schedule it Toss itFile it As an example, spending the next month arguing with your mom over when youll fly home will take ten times as much time as it will for you to just give her some dates when she brings it up. And if you arent sure yet, figure out a day by which you will be sure - and then put it into your calendaring system. Your mom will leave you alone, youll knock something off your to-do list, and you wont have to spend time telling yourself Oh shoot, I need to figure out Thanksgiving a million times a day between now and then. Spend Time Each Week Reorganizing Youre in college because youve got a great brain. So put it to use on all you have to do outside of the classroom! Just like a finely tuned athlete, your mind is learning, expanding, and strengthening each week; youre in school. Consequently, what organizing systems worked for you a month or two ago might not work any longer. Spend a few moments looking at what you got done, what youre doing, and what youll need to do over the next few weeks. While it may seem like a waste of time, those precious minutes can save you a lot of lost time - and a lot of disorganization - in the future. Plan Ahead to Stay Ahead Everyone knows that student who always says, Oh, I cant do something then, Ill be up all night cramming for my midterm. Really? Because that is just planning to be disorganized! Plan for everything you have to do. If you have a significant event youre planning, make sure your homework is done ahead of time so you can focus on your event when the time comes. If you know you have a major paper due, plan to work on it - and finish it - a few days in advance. Since its on your calendar and in your master plan, youll stay organized and on top of your tasks without even having to think about it. Take Care of Your Physical, Emotional, and Mental Health Being in college is hard - and not just academically. If youre not eating healthy, getting enough sleep, finding time to exercise, and overall treating yourself kindly, it will catch up with you sooner or later. And its impossible to get and stay organized if you dont have the physical, emotional, and mental energy to function. So give yourself a little TLC and remember that taking care of your health is an integral part of reaching your college goals.