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Encyclopedia > Combatant Status Review Tribunal
This is the trailer where the Combatant Status Review Tribunals were held. The detainee's hands and feet are shackled to a bolt in the floor in front of the white plastic chair.[1][2]

The Combatant Status Review Tribunals have been held by the United States Department of Defense since July 8, 2004 for the purpose of confirming whether the detainees the United States has been holding in Guantanamo Bay detainment camps in Cuba had been correctly classified as enemy combatants. The most recently released CSRT PDF [3] and audio transcript [4] is of Abu Faraj al-Libi and dates from March 9th of 2007. Image File history File links Circle-question-red. ... Image File history File links Wikisource-logo. ... The original Wikisource logo. ... Image File history File links Wikisource-logo. ... The original Wikisource logo. ... Image File history File links Trailer_where_CSR_Tribunals_were_held. ... Image File history File links Trailer_where_CSR_Tribunals_were_held. ... The United States Department of Defense, abbreviated DoD or DOD and sometimes called the Defense Department, is a civilian Cabinet organization of the United States government. ... is the 189th day of the year (190th in leap years) in the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Detainee is neutral term used to indicate people held by a government, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases. ... Detainees upon arrival at Camp X-Ray, January 2002 Guantánamo Bay detainment camp serves as a joint military prison and interrogation center under the leadership of Joint Task Force Guantanamo (JTF-GTMO), has occupied a portion of the United States Navys base at Guantanamo Bay, Cuba since 2002. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes a person denied the privileges of prisoner of war (POW) designation, in accordance with the Geneva Conventions; one to whom protection is recognised as due is a lawful or privileged combatant. ...



Following the Hamdi v. Rumsfeld ruling (June 2004) the Bush administration began using Combatant Status Review Tribunals to determine the status of detainees. By doing so the obligation under Article 5 of the Third Geneva Convention was to be addressed. Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ... Wikisource has original text related to this article: Third Geneva Convention The Third Geneva Convention (or GCIII) of 1949, one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of prisoners of war (POWs), and also touched on other topics. ...

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

These hearings were conducted based on the assertion by the Bush administration that detainees in the war in Afghanistan were not eligible for prisoner of war status according to the terms of Article 2 of the Third Geneva Convention and as such were unlawful enemy combatants. The Bush administration includes President George W. Bush, Vice President Richard Cheney, Bushs Cabinet, and other select officials and advisors. ... Combatants Taliban al-Qaeda Islamic Movement of Uzbekistan Hezbi Islami Afghanistan Northern Alliance United Nations: ISAF NATO, including: United States United Kingdom Canada Netherlands and others Commanders Mohammed Omar Obaidullah Akhund Dadullah â˜  Jalaluddin Haqqani Osama bin Laden Ayman al-Zawahiri Juma Namangani â˜  Gulbuddin Hekmatyar Bismillah Khan Mohammed Fahim Ton van... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ... Camp x-ray, Guantánamo. ...

Contents

Background

The neutrality of this section is disputed.
Please see the discussion on the talk page.

The Geneva Conventions oblige belligerents to honor certain rights of civilians and prisoners of war. The Geneva Conventions require combatants to have fulfilled certain requirements in order to enjoy the rights of POW status. But they require belligerents to continue to grant the rights of POW status to those prisoners suspected of failing to fulfill the conditions that would afford them POW status, until the belligerent had convened a competent tribunal to make a determination as to their status. [5] [6] [7] The Geneva Conventions expressly state that such a tribunal should be convened "if a doubt arises" as to a detainee's status. Image File history File links Unbalanced_scales. ... Development of the Geneva Conventions from 1864 to 1949. ... A civilian is a person who is not a member of a military. ... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ...


Since the September 11, 2001 attacks, the Bush administration has suggested that those who do not meet this definition should be determined to be "unlawful combatant." Should there be doubt about whether persons have fulfilled the conditions that confer prisoner of war status, Article 5 of the Third Geneva Convention states that their status may be determined by a "competent tribunal" and until such time they are to be treated as prisoners of war. Simplified, the Bush Administration's argument is that no doubt has arisen, because it is an impossibility for these combatants to ever meet the criteria. A sequential look at United Flight 175 crashing into the south tower of the World Trade Center The September 11, 2001 attacks (often referred to as 9/11—pronounced nine eleven or nine one one) consisted of a series of coordinated terrorist[1] suicide attacks upon the United States, predominantly...


If required, Geneva Conventions oblige belligerents to convene the competent tribunals in a timely fashion.[citation needed]


The interpretation of the Bush administration was that the Geneva Conventions obliged belligerents to convene a competent tribunal to review the combatant status of prisoners only when their status was in any doubt. Since the administration was sure that the prisoners did not qualify for POW status, there was no need for a review. However, other parties, such as the International Red Cross, Amnesty International and Human Rights Watch maintain there is doubt, among scholars and between other nations as to the exact status, and therefore a "competent tribunal" should be held. The conventions are silent on the definition and mechanics of a "competent tribunal."[citation needed] The Bush administration includes President George W. Bush, Vice President Richard Cheney, Bushs Cabinet, and other select officials and advisors. ... Amnesty International (commonly known as Amnesty or AI) is a pressure group that promotes human rights. ... Human Rights Watch Banner Human Rights Watch is a United States-based international non-government organization that conducts research and advocacy on human rights. ...


Various legal challenges were mounted on behalf of the detainees. Most of those legal challenges ruled against the policy, and when the Executive Branch's opportunities to appeal were exhausted they convened tribunals in early July of 2004. The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ...


Although the Geneva Conventions oblige belligerents to convene the tribunals in a timely fashion most of the Guantanamo Bay detainees had been held for over two and a half years. During that time they had not been able to communicate with their families, or have legal advice. They are, however, appointed a military "personal representative." This appointed military officer often is a military lawyer, although this is not required by any regulation.[citation needed]


Moazzam Begg's POW status

Moazzam Begg's Tribunal was held on November 13, 2004. Moazzam Begg before speaking at a meeting about civil liberties Moazzam Begg (born 1968) is one of nine British men who were held at Camp X-Ray, Guantanamo Bay by the government of the United States of America. ... is the 317th day of the year (318th in leap years) in the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


Begg did not claim POW status. Nevertheless, he submitted a list of witnesses, that included the International Committee of the Red Cross employee who had issued him his official Prisoner of War identity card. The President of the Tribunal, after consulting the legal advisers to the Tribunals, decided not to call the ICRC employee. She stated that even if this witness could prove that Begg had been classified as a POW this would be irrelevant. She stated that the role of the Tribunals was solely to determine whether a detainee was an "enemy combatant". The International Committee of the Red Cross (ICRC) is a private humanitarian institution based in Geneva, Switzerland. ... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ...

The detainee proffered that this witness was an ICRC employee who would testify that the detainee had previously been issued a POW identity card at a U.S. detention facility in Kandahar, Afghanistan. The Tribunal President initially determined that the witness was relevant, but after consultation with the Assistant Legal Advisor, she changed her determination. She based her decision on her conclusion that the Combatant Status Review Tribunals do not have the discretion to determine that a detainee should be classified as a prisoner of war -- only whether the detainee satisfies the definition of "enemy combatant" as provided in references (a) and (b). In my opinion, this decision was correct. It bears noting that in a written statement prepared by the detainee especially for the CSRT, the detainee specifically says that he does not claim POW status (see exhibit D-e).[8]

Conduct of the tribunals

8500 Americans service members, mostly on unaccompanied tours, live at Guantanamo Bay. The US Naval Base at Guantanamo Bay [9] has been described as being like a small U.S. city[10] It has a number of structures where the tribunal could have convened.


In the event all the tribunals convened in a cramped trailer -- so small there was only room for three observers. During the tribunals the people normally in attendance were the three officers presiding over the tribunal, a clerk to keep a record, an officer delegated to be familiar with the detainees case, possibly the detainee and their translator, and possibly the three observers.


The tribunals themselves are modeled after the procedures the military uses to make GCW Article 5 determinations--the AR 190-8 Tribunals.[11] This is most likely because, in Hamdi v. Rumsfeld, a plurality of the Supreme Court suggested the Department of Defense empanel tribunals similar to the AR 190 to make factual status determinations. The mandate of the CSRTs and the AR 190-8 Tribunals differed in that AR 190-8 Tribunals were authorized to determine that captives were civilians, who should be released, and "lawful combatants", who the Geneva Conventions protect from prosecution..[12] Wikisource has original text related to this article: Order Establishing Combatant Status Review Tribunal Wikisource has original text related to this article: Combatant Status Review Tribunal (fact sheet of October 17, 2006) Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees is the full title of... Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ... A combatant (also referred to as an enemy combatant) is a soldier or guerrilla member who is waging war. ...


According to Secretary of the Navy Gordon England,

As you will recall, in last June's Supreme Court decision in "Hamdi," Justice O'Connor explicitly suggested that a process based on existing military regulations - and she specifically cited Army regulation 190-8 - might be sufficient to meet due process standards. You'll also perhaps know that that Army regulation is what the U.S. uses to implement Article 5 of the Geneva Convention that deals with prisoners of war. So our CSRT process incorporates that guidance from Article 5, Army regulation 190-8.... [13]

The role of the presiding officers

The DoD kept the identity of the presiding officers confidential. The instructions the presiding officers used to guide their decisions was also kept confidential. But it could be guessed at by examining some of their decisions.


Documents from several dozen of the Tribunals have been released through FOIA requests. In several of these Tribunals the Tribunal's President explained to the detainee that the presiding officers were seeing their documents for the first time. In several other Tribunals it is obvious that the president officers were already well aware of both the unclassified and classified documents prior to the Tribunal session. The Freedom of Information Act (FOIA) is the implementation of freedom of information legislation in the United States. ...


The presiding officers were drawn from all the services. They were all Colonels or Lieutenant Colonel, or equivalent.[citation needed]


The role of the tribunal recorder

The Tribunal's recorder was tasked not only in making sure a record was kept of the proceedings, but also with familiarizing him or herself with the contents of the documents that formed the basis of the conclusion that the Tribunal was asked review, and preparing them for the Tribunal. Transcripts show the recorder asking questions of the detainee, similar to those a prosecutor might ask in a real trial.[citation needed]


There was one tribunal that had to reform because the recorder did not have sufficient security clearance to present some of the classified evidence.[citation needed]


[The sources for these "Roles" need to be included to ensure accuracy of the statements.]


The role of the detainee's representative

Each detainee's case file was the responsibility of a detainee's representative. Detainees were informed that the role of the representative was not to serve as their advocate. Nothing told to him was confidential. He had no obligation to present their case in the best light. If the detainee was not present during their tribunal, the representative would present their case without their co-operation.[citation needed]


The role of the detainee during the tribunal

Detainees who did attend their tribunals were generally given an opportunity to explain why they should not be considered an enemy combatant. Since they were all being held without charge (unlike prisoners in the U.S. criminal justice system) and the evidence against them was classified,[citation needed] presenting a defense would be difficult.


Detainees were not allowed to attend their own tribunals, unless they signed a long, complicated agreement wherein they agreed to waive rights. Half or more of the detainees declined to sign the agreement, without independent legal advice. American military spokesmen described this as the detainee deciding they did not want to participate in their review.[citation needed]


The presence of the observers in the tribunal

The DoD experienced ongoing confusion about the presence of observers. It now seems that portions of all the tribunals were supposed to be held in public -- public in the sense that representatives from a short list of reporters would be advised of the date of tribunals, and invited to attend. All of the first several dozen tribunals went unobserved apparently because the DoD had not figured out who was responsible for advising the reporters on the approved list, and issuing them an invitation. Overlooking the issuing of invitations remained an ongoing problem. The list of approved reporters was short. The procedure for getting to the tribunal's trailer was difficult, and many of the tribunals went unobserved.


How the rules of evidence differ from those in the criminal justice system

The United States has two parallel criminal justice systems with rules of evidence based on the rights in the Bill of Rights, especially the Fifth, Sixth, and Seventh Amendments: those for civilians and those in the military. Both systems grant suspects similar rights, albeit the military one in a streamlined fashion. In the criminal justice system:[citation needed] Criminal justice system flowchart Criminal Justice refers to the system used by government to maintain social control, prevent crime, enforce laws, and administer justice. ... Rules of evidence govern if, when, how, and for what purpose proof of a case is placed before a trier of fact for consideration. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The Bill of Rights in the National Archives. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, codifies the right to jury trial in certain civil trials. ...

  • Suspects are entitled to the presumption of innocence.
  • Suspects are entitled to have legal advice.
  • Suspects are entitled to know the evidence the prosecutor has against them, and in their favor.
  • Suspects are entitled to call witnesses in their favor, and cross-examine the witnesses against them.
  • Suspects are protected from being forced to incriminate themselves.
  • Evidence acquired through torture cannot be used.
 '********'The Following assertions are inaccurate presuant to the Congress's Military Commission Act (MCA) of 2006 and the Department of Defense's Manual for Military Commissions: - Dean Andrews 

The tribunals differed from proceedings under a criminal justice system in that:[citation needed]

  • Detainees do not receive the presumption of innocence.
  • Detainees do not get access to legal advice.
  • Detainees are not entitled to access to the evidence against them, or in their favor.
  • Hear-say evidence is allowed to be used against the detainees.
  • The use of evidence acquired through coercive interrogation is allowed, there is no protection against self-incrimination.
  • Evidence acquired through the torture of other suspects was allowed.

There are now regulatory and statutory provisions proscribing the protections listed above. Prior to the passing of the MCA there were no guidelines for the constitution of military commissions. This does not dispel the inherent illegitimacy of the commission system, because unlike the other civilian and military interactions of criminal justice discussed above, commissions are solely under the discretion of the executive branch and therefore any codified procedures can be overlooked pursuant to national defense arguments. Ultimately, military commissions model their structure after the Uniform Code of Military Justice which is used by courts-martial, but because they are not themselves courts-martials, the presiding authority (The President and Department of Defense) have the ability to subvert any such proscribed procedures as they see fit. So, ostensibly the Manual for Military Commission does a good faith effort to ameliorate many of the lack of protections afforded to the accused which were replete in the initial Commission Order by President Bush, yet the mere fact that the commissions are commissions lends more flexibility to executive abuse. Thus the commission system was chosen and constructed for the primary purpose of prosecution and detention, rather than the issuance of "true" justice. Statutorily, the commissions offer a presumption of innocence, but a de facto result of using commissions instead of the more vetted criminal justice avenues yields a denial of that presumption in favor of National Security and DOD interests.



The rules of evidence for the CSRT are, however, identical to the rules of evidence used in an AR 190 Article V determination.[citation needed] Namely, all evidence is weighed on a probative vs. reliability standard.[citation needed]


Murat Kurnaz, an example

Murat Kurnaz was a young Turk who was born in, and had grown up, in Germany. When captured he was close to being granted German citizenship. He was taken off a tourist bus and arrested while on a trip to Pakistan -- not "on the battlefield". Murat Kurnaz (born March 19, 1982 in Bremen, Germany) was held in extrajudicial detention and claims to have been tortured[1] in the U.S. military prison at Guantanamo Bay Naval Base, Cuba for four years. ...


The tribunal's determination was that there was enough evidence of Kurnaz had ties to terrorism that he should be held as an enemy combatant.


Through a bureaucratic slip-up Kurnaz's file was declassifed. During the brief window when it was declassified the Washington Post was able to review all the evidence against him and publish a summary.[14] Joyce Hens Green, a Washington jurist, had been able to review both the classified and unclassified evidence. Green found that Kurnaz's file contained something like 100 pages of documents and reports explaining that German and American investigators could find no evidence whatsoever that Kurnaz had any ties to terrorism. Shortly before his tribunal an unsigned memo had been added to his file concluded he was an al Qaeda member. Green's comment on the memo was that it: Joyce Hens Green (b. ...

fails to provide significant details to support its conclusory allegations, does not reveal the sources for its information and is contradicted by other evidence in the record.[citation needed]

Eugene R. Fidell, a Washington-based expert in military law, said:

It suggests the procedure is a sham, If a case like that can get through, what it means is that the merest scintilla of evidence against someone would carry the day for the government, even if there's a mountain of evidence on the other side."[citation needed]

Critics

It has been suggested these CSRT's are inherently flawed. The principal arguments of why they are inadequate to warrant acceptance as "competent tribunal," are: [15] [16]

a The CSRT conducted rudimentary proceedings
b The CSRT afforded detainees few basic protections
c Many detainees lacked counsel
d The CSRT also informed detainees only of general charges against them, while the details on which the CSRT premised enemy combatant status decisions were classified.
e Detainees had no right to present witnesses or to cross-examine government witnesses.

Most notably the flawed nature of the procedure can be seen in the following cases: Mustafa Ait Idir, Moazzam Begg, Murat Kurnaz, Feroz Abbasi, and Martin Mubanga. [14] A comment on the matter by legal experts states: Mustafa Ait Idir an individual detained in the US naval base at Guantanamo Bay, Cuba. ... Moazzam Begg before speaking at a meeting about civil liberties Moazzam Begg (born 1968) is one of nine British men who were held at Camp X-Ray, Guantanamo Bay by the government of the United States of America. ... Murat Kurnaz (born March 19, 1982 in Bremen, Germany) was held in extrajudicial detention and claims to have been tortured[1] in the U.S. military prison at Guantanamo Bay Naval Base, Cuba for four years. ... Feroz Abbasi was one of nine British men who were held at Camp X-Ray, Guantanamo Bay by the government of the United States of America. ... Martin Mubanga is a joint citizen of both United Kingdom and Zambia. ...

It appears from the previous paragraph that the procedures of the Combatant Status Review Tribunals do not qualify as status determination under the Third Geneva Convention. This has had severe consequences in practice; it has lead to a virtual standstill of the 'military commission machinery' that had been set up to try enemy combatants for war crimes and other offences.
The fact that no status determination had taken place according to the Third Geneva Convention was sufficient reason for a judge from the District Court of Columbia dealing with a habeas petition, to stay proceedings before a military commission. Judge Robertson in Hamdan v. Rumsfeld held that the Third Geneva Convention, which he considered self-executing, had not been complied with since a Combatant Status Review Tribunal could not be considered a 'competent tribunal' pursuant to article 5 of the Third Geneva Convention.[17]

The Supreme Court expressly reserved this question (see footnote 61), instead deciding Hamdan v. Rumsfeld on other grounds.[citation needed] Holding Military commission to try Plaintiff is illegal and lacking the protections required under the Geneva Conventions and United States Uniform Code of Military Justice. ...


James Crisfield, the legal advisor to the Tribunals, offered his legal opinion, that CSRT "do not have the discretion to determine that a detainee should be classified as a prisoner of war -- only whether the detainee satisfies the definition of "enemy combatant""[18] Determining whether a captive should be classified as a prisoner of war is the purpose of a "competent tribunal." Commander James R. Crisfield was the legal advisor to the Combatant Status Review Tribunals held at the Guantanamo Bay detainment camp. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes a person denied the privileges of prisoner of war (POW) designation, in accordance with the Geneva Conventions; one to whom protection is recognised as due is a lawful or privileged combatant. ...


Analysis of these Tribunals by two lawyers for Guananamo detainees, Professor Mark P. Denbeaux of the Seton Hall University School of Law, his son Joshua Denbeaux, and some of his law students resulted in a report called No-hearing hearings. In essence it supports the criticism voiced above, and concludes that these hearings are severely biased against the defendants.[19][20] Mark P. Denbeaux (b. ... Seton Hall University School of Law is part of Seton Hall University, the Catholic University of New Jersey, and is located in downtown Newark. ... No-hearing hearings is the title of a report published by Professor Mark P. Denbeaux of the Seton Hall University School of Law, his son Joshua Denbeaux, and some of his law students, on October 17, 2006. ...


Results

The tribunal determined that thirty eight of the detainees were not properly classified as "enemy combatants." In litigation, the government has referred to these individuals as "no longer enemy combatants" or "NLECs." The term "no longer enemy combatants" is appears to suggest that the individuals once were, but no longer are, "enemy combatants." Because the DoD's definition of "enemy combatant" focuses on past conduct, Judge James Robertson of the United States District Court for the District of Columbia rejected this term as "Kafkaesque" and stated that it "deliberately begs the question of whether these petitioners ever were enemy combatants."[citation needed] The United States District Court for the District of Columbia is the United States District Court that hears cases originating in the District of Columbia under Federal law. ...


All but nine non-enemy combatants were repatriated by the summer of 2005.[citation needed] Despite their exoneration, the government continued to imprison the nine men who could not be repatriated. Beginning in August 2005, these men were segregated from the general prison population in a part of Guantanamo Bay called Camp Iguana.[citation needed] Camp Iguana is a small compound in the detainment camp complex on the US Naval base at Guantanamo Bay, Cuba. ...


Annual reviews

In the summer of 2004 Secretary of Defense Donald Rumsfeld announced that the detainees would be given an annual review, similar to these status reviews, but with a slightly different mandate.[citation needed] While the reviews of late 2004 and early 2005 were to determine whether the detainees were illegal combatants, the annual reviews would determine if the detainee still represented a threat. These Administrative Review Boards were intended to mitigate the harshness of a potentially indefinite detention for detainees labeled unlawful enemy combatants.[citation needed] The United States Secretary of Defense is the head of the United States Department of Defense, concerned with the armed services and The Secretary is a member of the Presidents Cabinet. ... Donald Henry Rumsfeld (born July 9, 1932) is a U.S. politician and businessman, who was the 13th Secretary of Defense under President Gerald Ford from 1975–1977, and the 21st Secretary of Defense under President George W. Bush from 2001–2006. ... The Administrative Review Board conducts an annual review of the suspects the United States holds in Camp Delta, in the US naval base in Guantanamo Bay, Cuba. ... It has been suggested that this article or section be merged into Unlawful combatant. ...


Trial by Military Commission

In early 2004 four of the detainees were charged. Most of the differences between the tribunals, described above, and the proceeding of a trial under the civil justice system would have applied to these military commissions. The Commissions were to be presided over by five officers. Their identities too were to be have been kept confidential. The detainees were allowed legal counsel, but not legal counsel of their own choosing. However, their lawyers were allowed to mount challenges to the presiding officers, their qualifications, and the rules under which the commission would function.


Only one of the presiding officers had any legal experience. A more senior officer had overall oversight of the commissions; the rules allowed him to shut down a commission at any time without giving a reason.[citation needed]


Because of the lack of the legal challenges, the unfavorable scrutiny, and the poor prior planning, the military commissions were suspended by a federal judge. In July 2005, a court of appeals reinstated the tribunals. [21]


Secretary Rumsfeld has said that even if the commission acquitted a detainee, being determined to have been innocent would still not mean the Department of Defense would release him. They could still keep him, for the rest of his life, without giving a reason.[citation needed] This follows from the Administration's position that the enemy combatants were to be treated under law of war norms; namely, that they may be lawfully detained until the cessation of hostilities. According the Secretary of the Navy Gordon England, The basis of detaining captured enemy combatants is not to punish but, rather, to prevent them from continuing to fight against the United States and its coalition partners in the ongoing global war on terrorism. Detention of captured enemy combatants is both allowed and accepted under international law of armed conflict. [22]


2007 Combatant Status Review Tribunals for 14 "high-value detainees"

In a surprise move President George W. Bush announced the transfer of 14 "high-value detainees" from clandestine CIA custody to military custody in Guantanamo in the fall of 2006.[23] Prior to the transfer legal critics had repeatedly stated that the men in covert CIA custody could never be tried because they had been subjected to abusive interrogation techniques, which would invalidate any evidence that flowed from their interrogations. Nevertheless Bush said the transfer would allow the men, most of whom were considered to be members of the inner circle of al Qaeda's senior leadership, to be tried before military commissions. For the pop band, see Presidents of the United States of America. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... The CIA Seal The Central Intelligence Agency (CIA) is an American intelligence agency, responsible for obtaining and analyzing information about foreign governments, corporations, and individuals, and reporting such information to the various branches of the U.S. Government. ...


Like all the remaining men in Guantanamo Rasul v. Bush requires the Department of Defense to convene Tribunals to confirm their status prior to the laying of charges, before a military commission, or a court of law. Holding Court membership Chief Justice: William Rehnquist Associate Justices: John Paul Stevens, Sandra Day OConnor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer Case opinions Majority by: Stevens Joined by: OConnor, Souter, Ginsburg, Breyer Concurrence by: Kennedy Dissent by: Scalia Joined by: Rehnquist...


The New York Times reported on December 17, 2006 that military authorities were having the Tribunals rehearse.[23] The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... December 17 is the 351st day of the year (352nd in leap years) in the Gregorian calendar. ... For the Manfred Mann album, see 2006 (album). ...


See also

Image File history File links Flag_of_jihad. ... Al-Qaeda (Arabic: القاعدة, the foundation or the base) is the name given to a worldwide network of militant Islamist organizations under the leadership of Osama bin Laden. ... The Abu Sayyaf Group (Arabic: جماعة أبو سياف; ; ASG), also known as al-Harakat al-Islamiyya is one of several militant Islamist separatist groups based in and around the southern islands of the Philippines, in Bangsamoro (Jolo, Basilan, and Mindanao) where for almost 30 years various groups have been engaged in an insurgency... Image File history File links Flag_of_Chechen_Republic_of_Ichkeria. ... Official language Chechen Capital Grozny (Dzhokharabad, after 1996) President Doku Umarov Independence  â€“ Declared  â€“ Recognition From Russia  â€“ November 1, 1991  â€“ Georgian Republic National anthem Death or Freedom The Chechen Republic of Ichkeria IPA: (Нохчийн Республика Нохчийчоь) is the unrecognized secessionist government of Chechnya. ... The Iraq resistance movement is the armed resistance by diverse groups to the coalition occupation of Iraq. ... Image File history File links Flag_of_Hezbollah. ... For other uses, see Hezbollah (disambiguation). ... Image File history File links Hamas_flag2. ... Hamas (Arabic: ; acronym: Arabic: , or Harakat al-Muqawama al-Islamiyya or Islamic Resistance Movement,[1]) is a Palestinian Sunni Islamist organization. ... Image File history File links Icu_flag. ... Motto: none Anthem: none Capital formerly Mogadishu and Kismayu Largest city n/a Official languages Somali and Arabic Government Sharia Krytocracy  - Executive Chairman Sharif Sheikh Ahmed  - Shura Chairman Hassan Dahir Aweys Civil War Faction Has not declared autonomy or independence   - Established June 6th 2006 in Mogadishu  Area  - Total not finalized... Jemaah Islamiyah[1] (JI, Arabic phrase meaning Islamic Group or Islamic Community) is a Southeast Asian militant Islamic organization dedicated to the establishment of a Daulah Islamiyah[2] (Islamic State) in Southeast Asia incorporating Indonesia, Malaysia, the southern Philippines, Singapore and Brunei[3]. JI was added to the United Nations... Image File history File links Flag_of_Taliban_(bordered). ... The Taliban (Pashto: , students or seekers of knowledge) are a fundamentalist Sunni Muslim and ethnic Pashtun movement that ruled most of Afghanistan from 1996 until 2001, when their leaders were removed from power by American aerial bombardment and Northern Alliance ground forces. ... The Muslim Brotherhood or The Muslim Brothers (Arabic: الإخوان المسلمون al-ikhwān al-muslimÅ«n, full title The Society of the Muslim Brothers, often simply الإخوان al-ikhwān, the Brotherhood or MB) is a world-wide Sunni Islamist movement founded by the sufi schoolteacher Hassan al-Banna in 1928. ... Image File history File links Patani-unitat. ... Combatants  Thailand Muslim separatists Pattini Raya Commanders Gen. ... Jaish-e-Mohammed (Arabic:جيش محمد, literally The Army of Muhammad, transliterated as Jaish-e-Muhammed, Jaish-e-Mohammad or Jaish-e-Muhammad, often abbreviated as JEM) is a major Islamic militant organization in South Asia. ... The Hizbul Mujahideen (حزب المجاھدین) (created 1989) is a militant group active in Kashmir. ... This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling. ... The Islamic Movement of Uzbekistan (IMU) was a militant Islamist movement formed in 1998 by former Soviet paratrooper Juma Namangani, and the Islamic ideologue Tohir Yuldashev - both ethnic Uzbeks from the Fergana Valley, one of the most Islamic regions in Central Asia. ... Lashkar-e-Toiba (Urdu: لشكرِ طيبه laÅ¡kar-Ä• ṯaiyyiba, literally The Army of Pure, also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba or Lashkar-i-Toiba) is one of the largest and most active Islamic terrorist organizations in South Asia. ...

Notes

  1. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
  2. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  3. ^ [1]
  4. ^ [2]
  5. ^ BREAKING NEWS ~ Judge stops Guantanamo proceedings as unlawful, The Jurist, November 8, 2004
  6. ^ DOJ to appeal ruling on Gitmo military commissions The Jurist, November 9, 2004
  7. ^ James Robertson, Hamdan v. Rumsfeld (.pdf), US District Court DC, November 8, 2004
  8. ^ Summary of Evidence for Combatant Status Review Tribunal - Detainee Begg, Moazzam
  9. ^ http://www.nsgtmo.navy.mil/htmpgs/welcomabd.htm
  10. ^ Warren Richey Detainees' future may hinge on Cuba lease Christian Science Monitor March 20, 2002 edition
  11. ^ [3] Elsea, Jennifer K., Report for Congress, Congressional Research Service
  12. ^ Human Rights First Analyzes DOD's Combatant Status Review Tribunals. Human Rights First. Retrieved on June 8, 2007.
  13. ^ http://usinfo.state.gov/dhr/Archive/2005/Apr/01-23233.html U.S. Department of Defense News Briefing, Secretary of The Navy Gordon England, Tuesday, March 29, 2005 - 3:33 p.m. EST
  14. ^ a b Carol D. Leonnig Panel Ignored Evidence on Detainee in the Washington Post March 27, 2005; Page A01
  15. ^ Carl Tobias Congress Should Act Fast a commentary in the National Law Journal August 15, 2005 edition
  16. ^ Dan Smith A Question of Fair "Justice" for prisoners held at Guantanamo New York University July 26, 2004
  17. ^ Terry Gill and Elies van Sliedregt Guantánamo Bay: A Reflection On The Legal Status And Rights Of 'Unlawful Enemy Combatants' (pdf) (html) in The Utrecht Law Review
  18. ^ Moazzam Begg's dossier (.pdf) from his Combatant Status Review Tribunal, hosted by Associated Press
  19. ^ No-hearing hearings by, Mark Denbeaux, Professor, Seton Hall University School of Law and Counsel to two Guantanamo detainees, Joshua Denbeaux, Esq. and David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman, Daniel Mann, Megan Sassaman and Helen Skinner Students of Seton Hall University School of Law
  20. ^ Bush's War Crimes Cover-up by Nat Hentoff, Village Voice, December 8th, 2006
  21. ^ http://www.goupstate.com/apps/pbcs.dll/article?AID=/20050716/ZNYT02/507160358/1051/NEWS01 This refence was not available on 4 March 2006
  22. ^ http://usinfo.state.gov/dhr/Archive/2005/Apr/01-23233.html U.S. Department of Defense News Briefing, Secretary of The Navy Gordon England, Tuesday, March 29, 2005 - 3:33 p.m. EST
  23. ^ a b Associated Press. "U.S. Military Rehearses Terror Hearings", New York Times, December 17, 2006. 

The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... November 11 is the 315th day of the year (316th in leap years) in the Gregorian calendar, with 50 days remaining. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The Financial Times (FT) is an international business newspaper printed on distinctive salmon pink broadsheet paper. ... December 11 is the 345th day of the year (346th in leap years) in the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The Jurist is a website hosted by the University of Pittsburghs faculty of law, which produces articles introducing cases and issues of legal significance. ... is the 312th day of the year (313th in leap years) in the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The Jurist is a website hosted by the University of Pittsburghs faculty of law, which produces articles introducing cases and issues of legal significance. ... is the 313th day of the year (314th in leap years) in the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Judge Robertson James Robertson (born 1938) is a judge for the United States District Court for the District of Columbia. ... The United States district courts are the general trial courts of the United States federal court system. ... is the 312th day of the year (313th in leap years) in the Gregorian calendar. ... shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The Christian Science Monitor (CSM) is an international newspaper published daily, Monday through Friday. ... March 20 is the 79th day of the year in the Gregorian Calendar (80th in leap years). ... For album titles with the same name, see 2002 (album). ... The Congressional Research Service is the public policy research arm of the United States Congress. ... Human Rights First is a U.S. based association formerly known as Lawyers Committee for Human Rights. ... June 8 is the 159th day of the year (160th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... ... March 27 is the 86th day of the year in the Gregorian calendar (87th in leap years). ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... The National Law Journal, a periodical founded in 1980, provides timely legal information of national importance to attorneys, including federal circuit court decisions, verdicts, practitioners columns, coverage of legislative issues, and legal news for the business and private sectors. ... August 15 is the 227th day of the year in the Gregorian calendar (228th in leap years), with 138 days remaining. ... New York University (NYU) is a private, nonsectarian, coeducational institution in New York City. ... July 26 is the 207th day of the year (208th in leap years) in the Gregorian calendar. ... The Associated Press, or AP, is an American news agency, the worlds largest such organization. ... Seton Hall University School of Law is part of Seton Hall University, the Catholic University of New Jersey, and is located in downtown Newark. ... The Village Voice is a New York City-based weekly newspaper featuring investigative articles, analysis of current affairs and culture, arts reviews and events listings for New York City. ... December 17 is the 351st day of the year (352nd in leap years) in the Gregorian calendar. ... For the Manfred Mann album, see 2006 (album). ...

External links


  Results from FactBites:
 
Combatant Status Review Tribunal - Wikipedia, the free encyclopedia (2580 words)
The Combatant Status Review Tribunals were held by the United States Department of Defense between July 8, 2004 through March 29, 2005, ostensibly for the purpose of determining whether the detainees they had been holding at Guantanamo Bay, Cuba were lawful combatants.
She based her decision on her conclusion that the Combatant Status Review Tribunals do not have the discretion to determine that a detainee should be classified as a prisoner of war -- only whether the detainee satisfies the definition of "enemy combatant" as provided in references (a) and (b).
During the tribunals the people normally in attendance were the three officers presiding over the tribunal, a clerk to keep a record, an officer delegated to be familiar with the detainees case, possibly the detainee and their translator, and possibly the three observers.
Enemy combatant - Wikipedia, the free encyclopedia (537 words)
Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful.
Under the provisions of the Secretary of the Navy Memorandum Implementation of Combatant Status Review Tribunal Procedures for Enemy Combatant Detained at Guantanamo Bay Naval Base Cuba...
Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform.
  More results at FactBites »

 
 

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