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Monday, November 08, 2004

Dismantling the Guantanamo Edifice `

With all the ill-timed catastrophe of a Fallujah offensive, Judge James Robertson of U.S. District Court has invalidated the entire procedure (such as it was) of military tribunals for Guantanamo Bay detainees. In fact, he nearly disposes of the "detainee" terminology also. The Washington Post reports Judge Rules Guantanamo Trials Unlawful: "Military trials set up to determine the guilt or innocence of enemy combatants imprisoned at a U.S. military prison in Cuba are unlawful and cannot continue in their current form, a federal judge ruled this afternoon.
In a major setback to the Bush administration, found that detainees held at Guantanamo Bay, Cuba, may legally be prisoners of war entitled to the protections of international law and should be allowed a hearing on whether they qualify for those protections."

"the military commissions... are not lawful or proper."

"The judge ruled that unless and until the military gives detainees a fair hearing before a 'competent tribunal" on whether they are prisoners of war, the government can only try them for enemy offenses in military courts martial, under long-established rules of military law."
# posted by atz at 11/08/2004 07:30:00 PM
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