ABSTRACT
On 12 June 2008 the Supreme Court o f the United States decided that persons detained by the United States in Guantanam o Bay have the constitutional privilege of habeas corpus. The recognition that all detainees are entitled to this basic right, irrespective of their nationality, their designation as ‘ enemy combatants ’ or their offshore location, has been hailed as a victory for the rule of law. Jubilation is somewhat tempered by the fact that it took six years to decide that detainees are entitled to a protection that would normally guarantee judicial access w ithin hours, days or maybe weeks.
