United States v. Hamdan’s Empirical Analysis
2011
Citation profile
4
cited by 4 later decisions
October 2012
most recently cited
2 federal appellate ·
Relationships
Applies 10 U.S.C. § 802 · 10 U.S.C. § 836 · 10 U.S.C. § 866 · 10 U.S.C. § 934 · 10 U.S.C. § 948A (§ 1802 of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act) · 10 U.S.C. § 948C (§ 1802 of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act) · 10 U.S.C. § 948D (§ 1802 of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act) · 10 U.S.C. § 950V
Relies on Baker v. Carr · Landgraf v. USI Film Products · Griffin v. People of the State of Illinois · Douglas v. People of State of California · William Marbury v. James Madison
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) International Convention for the Suppression of the Financing of Terrorism (Dec. 9, 1999) (1999 Financing Terrorism Convention), 2178 U.N.T.S. 197, 39 I.L.M. 270, G.A. Res. 54/109; (2) International Convention for the Suppression of Terrorist Bombings (Dec. 15, 1997) (1997 Bombing Convention), 37 I.L.M. 249; (3) Convention on the Marking of Plastic Explosives for the Purpose of Detection (Mar. 1, 1991), 30 I.L.M. 726; (4) Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (Mar. 10, 1988), 27 I.L.M. 684, 1678 U.N.T.S. 304; (5) Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Mar. 10, 1988), 27 I.L.M. 668, 1678 U.N.T.S. 221; (6) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (Feb. 24, 1988), 27 I.L.M. 627, 1589 U.N.T.S. 474; (7) Convention on the Physical Protection of Nuclear Material (Oct. 26, 1979), 18 I.L.M. 1419, 1456 U.N.T.S. 1987; (8) International Convention Against the taking of Hostages (Dec. 17, 1979), G.A. Res. 34/146, U.N. Doc. A/34/46, 1316 U.N.T.S. 205; (9) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (Dec. 14, 1973), 28 U.S.T. 1975, 1035 U.N.T.S. 167; (10) Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Sept. 23, 1971), 24 U.S.T. 565, 974 U.N.T.S. 177; (11) Convention for the S”
1 later decision quote this exact passage · from the concurrence“[as an AUEC and in the context of an armed conflict from in or about February 1999 through in or about December 2001] at various locations in Afghanistan and elsewhere, intentionally providing] material support and resources to al Qaeda, an international terrorist organization then engaged in hostilities against the United States, including violent attacks on the United States’ embassies [in] Nairobi, Kenya and Dar es Salaam, Tanzania [on] August 7, 1998; on the U.S.S. COLE [near] Aden, Yemen [on] October 12, 2000, and; at various locations in the United States [on] September 11, 2001, knowing that al Qaeda engaged in or engages in terrorism, by: a. traveling to Afghanistan with the purpose and intent of joining al Qaeda; b. meeting with Saif al’ Adi, the head of the al Qaeda Security Committee, as a step toward joining the al Qaeda organization; c. undergoing military-type training at an al Qaeda sponsored training camp then located in Afghanistan near Mes Aynak; d. pledging fealty, or “bayat” to the leader of al Qaeda, Usama bin Laden, joining al Qaeda, and providing personal services in support of al Qaeda; e. preparing and assisting in the preparation of various propaganda products, including the video “The Destruction of the American Destroyer U.S.S. COLE,” to solicit material support for al Qaeda, to recruit and indoctrinate personnel to the organization and objectives of al Qaeda, and to solicit, incite, and advise persons to commit terrorism; f. acting as personal sec”
1 later decision quote this exact passage · from the majority“In effect, therefore, a member of an organisation which the Tribunal has declared to be criminal may be subsequently convicted of the crime of membership and be punished for that crime by death. This is not to assume that international or military courts which will try these individuals will not exercise appropriate standards of justice. This is a far-reaching and novel procedure. Its application, unless properly safeguarded, may produce great injustice .... A criminal organisation is analogous to a criminal conspiracy in that the essence of both is cooperation for criminal purposes. There must be a group bound together and organised for a common purpose. The group must be formed or used in connection with the commission of crimes denounced by the Charter. Since the declaration with respect to the organisations and groups will, as has been pointed out, fix the criminality of its members, that definition should exclude persons who had no knowledge of the criminal purposes or acts of the organisation and those who were drafted by the State for membership, unless they were personally implicated in the commission of acts declared criminal by Article 6 of the Charter as members of the organisation. Membership alone is not enough to come within the scope of these declarations. 83”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.