Habeas corpus petitions of Guantanamo Bay detainees of habeas corpus. The third Geneva Convention considers a fair trial so essential to prisoner rights that 'willfully depriving a prisoner of war of the rights of a fair and regular trial is deemed a grave breach of the convention and, consequentially, a war crime'. In early 2002 the first major petition for a writ of habeas corpus regarding Guantanamo detainees was filed. This was denied on the foundation that U.S courts lacked jurisdiction over the camp and its prisoners; Guantanamo Bay is located in Cuba, outside of the territory of the USA, and the writ of habeas corpus is
Guantanamo Bay detention camp J. Crawford, appointed by Bush to review DoD practices used at Guantanamo Bay and oversee the military trials, became the first Bush administration official to concede that torture occurred at Guantanamo Bay on one detainee. On 22 January 2009, President Obama issued a request to suspend proceedings at Guantanamo military commission for 120 days and to shut down the detention facility that year. On 29 January 2009, a military judge at Guantanamo rejected the White House request in the case of Abd al-Rahim al-Nashiri, creating an unexpected challenge for the administration as it reviewed how the United States brings Guantanamo