Munaf v. Geren (553 U.S. 674)
U.S. Supreme Court · decided June 12, 2008 · Supreme Court Database (Spaeth)
- Citation
- 553 U.S. 674 · 128 S. Ct. 2207
- Decided
- June 12, 2008
- Term
- October Term 2007
- Vote
- 9–0
- Majority author
- Justice Roberts
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Roberts delivered the opinion of the Court. The Multinational Force-Iraq (MNF-I) is an international coalition force operating in Iraq composed of 26 different nations, including the United States. The force operates under the unified command of United States military officers, at the request of the Iraqi Government, and in accordance with United Nations (U. N.) Security Council Resolutions. Pursuant to the U. N. mandate, MNF-I forces detain individuals alleged to have committed hostile or warlike acts in Iraq, pending investigation and prosecution in Iraqi courts under Iraqi law. These consolidated cases concern the availability of habeas corpus relief arising from the MNF-I’s detention of American citizens who voluntarily traveled to Iraq and are alleged to have committed crimes there. We are confronted with two questions. First, do United States courts have jurisdiction over habeas corpus petitions filed on behalf of American citizens challenging their detention in Iraq by the MNF-I? Second, if such jurisdiction exists, may district courts exercise that jurisdiction to enjoin the MNF-I from transferring such individuals to Iraqi custody or allowing them to be tried before Iraqi courts? We conclude that the habeas statute extends to American citizens held overseas by American forces operating subject to an American chain of command, even when those forces are…
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