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Politics : Foreign Policy Discussion Thread

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To: zonder who wrote (2029)	1/11/2003 1:49:45 AM
From: D. Long	Read Replies (1) of 15987

This is supported by the use of the term "tribunal" (rather than, for example, "authority") which, in it's usual English usage, means a "A court of justice; a judicial assembly" (from the OED). Certainly under English law any tribunal determining legal matters (and the status of a person as a POW or not is undeniably a legal matter) which did not act in accordance with natural justice (and there are numerous precedents confirming that this applies to military tribunals as much as civil) would be liable to have it's rulings quashed. Such as a panel of military judges? The U.S. military issued regulations in 1997 that set out detailed procedures for such tribunals. Under these regulations, the tribunals consist of three commissioned officers. The regulations also provide that persons whose status is to be determined shall: be advised of their rights at the beginning of their hearings; be allowed to attend all open sessions and will be provided with an interpreter if necessary; be allowed to call witnesses if reasonably available, and to question those witnesses called by the tribunal; have a right to testify or otherwise address the tribunal; and not be compelled to testify before the tribunal. writ.news.findlaw.com That article, as well as many others, can be found on FindLaw's Tribunal section here:http://writ.news.findlaw.com/tribunals.html. Including the following which is a good summation of the issue by the Vice Dean and Professor of Law at Columbia University: writ.news.findlaw.com There. Enough. Unless you wish to argue that your arrogant little lawyer friend trumps a whole herd of lawyers, many with quite eminent CVs, the issue is closed. The LAW SUPPORTS US POLICY. Derek

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