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Judge Randolph, who wrote the decision, cited the following reasons for the legality of the military commission: Military commissions are legitimate forums to try enemy combatants because they have been approved by Congress. The Geneva Convention is a treaty between nations and as such it does not confer individual rights and remedies.
Salim Ahmed Hamdan, Osama bin Laden's former chauffeur, was captured by Afghan forces and imprisoned by the U.S. military in Guantanamo Bay. He filed a petition for a writ of habeas corpus in federal district court to challenge his detention.
Jun 30, 2006 · The Supreme Court found that the rights conferred on Hamdan by the Geneva Conventions are indisputedly “part of the law of war” and that Article 21 of the Uniform Code of Military Justice requires that a military commission’s authority lies in compliance with the law of war.
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Whether or not the Government has charged Hamdan with an offense against the law of war cognizable by military commission, the commission lacks power to proceed. The UCMJ conditions the President’s use of military commissions on compliance not only with the American common law of war, but also with the rest of the UCMJ itself, insofar as applicable...
Inextricably intertwined with the question of regular constitution is the evaluation of the procedures governing the tribunal and whether they afford “all the judicial guarantees which are recognized as indispensable by civilized peoples.” […]. Like the phrase “regularly constituted court,” this phrase is not defined in the text of the Geneva Conve...
We have assumed, as we must, that the allegations made in the Government’s charge against Hamdan are true. We have assumed, moreover, the truth of the message implicit in that charge – viz., that Hamdan is a dangerous individual whose beliefs, if acted upon, would cause great harm and even death to innocent civilians, and who would act upon those b...
First, Hamdan is not a member of our Nation's Armed Forces, so concerns about military discipline do not apply. Second, the tribunal convened to try Hamdan is not part of the integrated system of military courts, complete with independent review panels, that Congress has established. . . .
Hence, Hamdan’s trial by a military tribunal was deemed unlawful since the tribunal was “inconsistent with or contrary to” the UCMJ. From a substantive legal point, the charges against Hamdan were not consistent with the common laws of war.
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Sep 5, 2006 · Hamdan was the case in which the high court invalidated the system set up by President Bush to try accused war criminals at Guantanamo Bay, Cuba. The court's 5-3...
