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Politics : Actual left/right wing discussion

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To: DuckTapeSunroof who wrote (2771)10/13/2006 7:57:18 PM
From: TimF  Read Replies (1) of 10087
 
Salim Ahmed Hamdan v. Donald H. Rumsfeld, Secretary of Defense, et al.

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US Guantanamo tribunals 'illegal'
Guantanamo inmates
Many Guantanamo detainees have been held for years
The US Supreme Court has ruled that the Bush administration does not have the authority to try terrorism suspects by military tribunal.

Justices upheld the challenge by Osama Bin Laden's ex-driver to his trial at Guantanamo, saying the proceedings violated Geneva Conventions...

...In its ruling, the court said: "Whether or not the government has charged Hamdan with an offence against the law of war, cognisable by a military commission, the commission lacks power to proceed."

"The procedures adopted to try Hamdan also violate the Geneva Conventions," the justices said...

news.bbc.co.uk

Or more directly

"4. The military commission at issue lacks the power to proceed because its structure and procedures violate both the UCMJ and the four Geneva Conventions signed in 1949. Pp. 49-72."

"d) The procedures adopted to try Hamdan also violate the Geneva Conventions. The D. C. Circuit dismissed Hamdan's challenge in this regard on the grounds, inter alia, that the Conventions are not judicially enforceable and that, in any event, Hamdan is not entitled to their protections. Neither of these grounds is persuasive. Pp. 62-68."

caselaw.lp.findlaw.com
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