Munaf V. Geren

Munaf v. Geren, 553 U.S. 674 (2008), is a United States Supreme Court case where the court unanimously concluded that the habeas corpus statute, 28 U.S.C. ยง 2241(c)(1), extends to U.S. citizens held overseas by American forces subject to an American chain of command, even if acting as part of a multinational coalition. But, it found that habeas corpus provided the petitioners with no relief, holding that "Habeas corpus does not require the United States to shelter such fugitives from the criminal justice system of the sovereign with authority to prosecute them."

The case dealt specifically with the appeals from Mohammad Munaf and Shawqi Ahmad Omar, both naturalized citizens of the United States held by MNF-I, specifically American, forces in Iraq. In its arguments, the US government relied heavily upon Hirota v. MacArthur (1948), a case in which the Supreme Court found it lacked original jurisdiction over citizens of Japan being held by the Allied Powers for the Tokyo War Crimes Tribunal because "the tribunal sentencing not a tribunal of the United States."

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