Abstract

What mechanisms led to the intractable legal situation of “enemy combatants” detained by the U.S. government in Guantánamo Bay and elsewhere? And what does the role of the judiciary in the enemy combatants cases suggest about politically contentious court cases in general? This article develops a two-stage theory of political justice that is based on the U.S. post-9/11 terrorism cases. It demonstrates mechanisms by which politically contentious cases turn into political justice. Political justice in these cases is mainly the result of violations of the separation of powers that are legitimized by portraying the defendants/detainees as enemies beyond the law.