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Encyclopedia > Guantanamo military commission

Military commissions are among procedures planned by the U.S. Bush administration to deal with detainees it links to al-Qaeda. George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States since 2001. ... 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. ... 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 United States made limited use of military commissions during earlier conflicts. The fairness of those proceedings were criticized by contemporary critics.

Contents


Use of military commissions during the American Civil War

Abraham Lincoln authorized military commissions to judge suspected traitors and saboteurs during the American Civil War. And those believed to have been involved in the conspiracy to assassinate him were judged by military commissions. Abraham Lincoln (February 12, 1809 – April 15, 1865), sometimes called Abe Lincoln and nicknamed Honest Abe, the Rail Splitter, and the Great Emancipator, was the 16th President of the United States (1861 to 1865), and the first president from the Republican Party. ...


Use of military commissions during World War II

During World War II some German prisoners accused of sabotage were judged by military commissions, and executed by firing squad. World War II was a truly global conflict with many facets: immense human suffering, fierce indoctrination, and the use of new, extremely devastating weapons such as the atom bomb. ... Sabotage is a deliberate action aimed at weakening an enemy through subversion, obstruction, disruption, and/or destruction. ... Execution by firing squad is a method of capital punishment, especially in times of war. ...


Military commissions judging detainees at Guantanamo Bay

Information from the American Bar Association: "In response to the unprecedented attacks of September 11, on November 13, 2001, the President announced that certain non-citizens would be subject to detention and trial by military authorities. The order provides that non-citizens whom the President deems to be, or to have been, members of the al Qaida organization or to have engaged in, aided or abetted, or conspired to commit acts of international terrorism that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States or its citizens, or to have knowingly harbored such individuals, are subject to detention by military authorities and trial before a military commission." The American Bar Association (ABA) is a voluntary bar association of lawyers which is not specific to any jurisdiction in the United States. ... November 13 is the 317th day of the year (318th in leap years) in the Gregorian Calendar, with 48 days remaining. ... 2001: A Space Odyssey. ...


Comparison with the American Justice system

The United States has two parallel justice systems, with laws, statutes, precedents, rules of evidence, paths for appeal. Under these justice systems prisoners have certain rights. They have a right to know the evidence against them; they have a right to protect themselves against self-incrimination; they have a right to legal counsel; they have a right to have the witnesses against them cross-examined.


The two parallel justice systems are the Judicial Branch of the US Government, and a slightly streamlined justice system for people under military jurisdiction. People undergoing a military court martial are entitled to the same basic rights as those in the civilian justice system. ...


The military commissions that the Bush administration wants to put in place are not "courts martial".

  • The accused will not be allowed access to all the evidence against them. The presiding officers will be authorized to consider secret evidence the accused had no opportunity to refute.
  • The presiding officers will be authorized to consider evidence extracted under torture.
  • The presiding officers will be authorized to consider evidence extracted through coercive interrogation techniques.
  • The general in overall charge of the commissions will be sitting in on them. He is authorized to shutdown any commission, without warning, and without explanation.
  • Secretary Rumsfeld has said that evem am acqital is no guarantee of a release; that he may choose to keep any detainee, even if he is acquitted of all charges.

Other elements that have compromised the fairness of the commissions are:

  • The accused are not permitted a free choice of attorneys. They can only use attorneys that have been approved by the DoD.
  • The lawyers who were approved report being unable to see their clients for over six months because the Dod was playing games with over providing translators. The lawyers had to provide their own translators. They weren't allowed to use DoD translators. The lawyers had to get their translators approved by the DoD. And they reported that the DoD kept telling them that they couldn't clear any of translators they were proposing.
  • Detainees lawyers have reported that Military Intelligence had been conducting charades where MI officers represented themselves as the detainee's lawyers.
  • Detainees lawyers have reported that the detainee's interrogators and guards had been warning the detainees they couldn't trust their lawyers because they were all jews.

The accused

The USA has charged nine detainees including:

detainee charges dates allegations
David Matthew Hicks
Salim Ahmed Hamdan
Ali Hamza Ahmed Sulayman al Bahlul,
Ibrahim Ahmed Mahmoud al Qosi
Omar Khadr
  • murder
  • attempted murder
  • aiding the enemy
  • conspiracy
  • threw a grenade that killed Christopher J. Speer
  • shows how to plant land mines in a video
  • scouted territory occupied by the USA
Sufyian Barhoumi attempted murder charged on November 8, 2005
  • trained al Sharbi and al Qahtani in how to build remote controlled bombs
Ghassan Abdullah al Sharbi attempted murder charged on November 8, 2005
Jabran Said bin al Qahtani attempted murder charged on November 8, 2005
  • wrote a training manual on how to build bombs
Binyam Ahmed Muhammad attempted murder charged on November 8, 2005

Several other detainees may be charged. For the U.S. chaplain, see David Hicks (chaplain) David Hicks outside his family home in Adelaide David Matthew Hicks (born 7 August 1975), also known as Abu Muslim al-Austraili and Mohammed Dawood, is an Australian being held prisoner by the United States Government at Guantanamo Bay, Cuba. ... Salim Ahmed Hamdan is a Yemeni, captured during the invasion of Afghanistan. ... Ali Hamza Ahmed Sulayman al Bahlul is a Yemeni citizen and alleged media producer for al-Qaida. ... Ibrahim Ahmed Mahmoud al Qosi is a Sudanese citizen and alleged paymaster for al-Qaida. ... Omar Khadr (born September 16, 1987), is a Canadian who was captured by American forces in Afghanistan. ... November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... December 1 is the 335th (in leap years the 336th) day of the year in the Gregorian calendar. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... Sergeant Christopher J. Speer was a member of an American special forces unit, who was mortally wounded during a skirmish in Afghanistan, on July 27, 2002. ... Sufyian Barhoumi is a Saudi who is detained in Camp Delta, at United States naval base at Guantanamo Bay, Cuba. ... November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... Ghassan Abdullah al Sharbi is a Saudi who is detained in Camp Delta, at United States naval base at Guantanamo Bay, Cuba. ... November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... Jabran Said bin al Qahtani is a Saudi who is detained in Camp Delta, at United States naval base at Guantanamo Bay, Cuba. ... November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... José Padilla (also known as Abdullah al-Muhajir) (born 1971) has been declared a terrorist suspect by the United States government. ...


See also

A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ... Map of Cuba with location of Guantanamo Bay indicated. ... Unlawful combatant (also illegal combatant or unprivileged combatant) describes a person who engages in combat without meeting the requirements for a lawful belligerent according to the laws of war as specified in the Third Geneva Convention. ... A military tribunal is a kind of military court designed to try enemy forces members during war time, it operates outside the scope of conventional criminal and civil matters; the judges are military officers; and the judges fulfill the role of jurors. ... Military law is a distinct legal system to which members of armed forces are subject. ...

References

  1. ^  U.S. military charges Omar Khadr with murder, CTV, November 8, 2005
  2. ^  Khadr faces military trial, Toronto Star, December 2, 2005

CTV is a TLA that may stand for: CTV Television Network - a Canadian English language television network Channel Television - the main television broadcaster in the Channel Islands Chukyo TV. Broadcasting - a Japanese TV station in Nagoya This is a disambiguation page — a navigational aid which lists other pages that might... November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... The Toronto Star is a major metropolitan newspaper produced in the city of Toronto, Ontario, Canada. ... December 2 is the 336th day (337th in leap years) of the year in the Gregorian calendar. ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ...

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