United States' Moral Authority Undermined: The Foreign Affairs Costs of Abusive Detentions

Authors

Jeffrey K. Cassin, Benjamin N. Cardozo School of Law

Abstract

The note argues that the United States' engagement in abusive detentions, notably at Guantanamo Bay and in cases like *Hamdi v. Rumsfeld* and Padilla, has severely eroded its moral authority on the global stage. These practices, including indefinite detentions and the denial of due process, contradict U.S. rhetoric on human rights, undermining its credibility and strategic influence. The Supreme Court's rulings in Rasul v. Bush and Hamdi v. Rumsfeld emphasize the necessity of judicial review, yet the U.S. continues to face criticism for hypocrisy, diminishing its ability to promote democracy and human rights internationally.

Disciplines

Constitutional Law | International Law | Jurisdiction | Jurisprudence | Law | Military, War, and Peace

Recommended Citation

Jeffrey K. Cassin, United States' Moral Authority Undermined: The Foreign Affairs Costs of Abusive Detentions, 4 Cardozo Pub. L. Pol’y & Ethics J. 421 (2006).
Available at: https://larc.cardozo.yu.edu/cplpej/vol4/iss2/12