Civil Liberties and Constitutional Rights

Cert Petition Filed in Al Warafi v. Obama

By Raffaela Wakeman
Friday, December 27, 2013, 4:00 PM

Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc rehearing in the D.C. Circuit. (We've covered this case at length---read our coverage here.) Al Warafi had argued that his role was as a medic, not a fighter, and thus was shielded from detention pursuant to Article 24 of the First Geneva Convention and U.S. Army regulations. District Court Chief Judge Royce Lamberth concluded that the detainee hadn't proven that he was guaranteed protection, since he lacked an ID card or armlet identifying him as a medic.