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Another officer, who does not share in the determination, support the officers making the determination. He or she collates the information the
Tribunal bases its decision on. It is preferred that this be a military
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115:
who acted in a way that he or she should be stripped of POW status. According to the Geneva
Conventions, only captives who have been stripped of POW status, by a competent tribunal, can face charges for
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if the captive doesn't attend, or is disruptive, and is removed, it is the
Personal Representative's responsibility to present the captive's version of events.
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Authorized to determine that a combatant should be stripped of the protections of POW status, and can, subsequently, face war crime charges.
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determines whether the captive wanted to attend, submit a written statement, or allow the
Tribunal to convene without their participation;
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officer, make the determination, on the preponderance of the evidence. One of the officers must be a military lawyer.
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289:", and since Khadr and Hamdan's Combatant Status Review Tribunals had only made the determination that they were "
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goes over the unclassified allegations against the captive, which they would be learning, for the first time;
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status until a competent tribunal convenes, and determines the captive does not qualify for such status.
340:"Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees"
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Two officers, who do not share in the determination, support the officers making the determination.
31:
Military Police: Enemy
Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees
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collates the information the
Tribunal bases its decision on. The Recorders were military lawyers.
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Explicitly not authorized to determine whether captives qualify for the protections of POW status.
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tries to get the captive to share their account of the incidents recorded in the allegations.
101:, after all, who should continue to be detained as a prisoner of war until hostilities cease.
82:" to determine the status of any captive "should any doubt arise" as to their proper status.
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Authorized to confirm or dispute earlier, secret determinations that captives are "
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explains the
Tribunal's procedures; explained that participation was voluntary
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Structure of AR-190-8 Tribunals and
Combatant Status Review Tribunals compared
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AR-190-8 Tribunals are authorized to determine that a captive is an innocent
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293:", their military commissions lacked the jurisdiction to hear the charges.
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officer, make the determination, on the preponderance of the evidence.
376:"Human Rights First Analyzes DOD's Combatant Status Review Tribunals"
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41:, that lays out how the United States Army should treat captives.
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AR-190-8 Tribunals are authorized to confirm that a captive is a
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AR-190-8 Tribunals are authorized to confirm that a captive is a
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Authorized to determine that a captive is an innocent civilian.
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June 4, 2007 dismissal of charges against
Guantanamo captives
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states that all captives must be accorded the protections of
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should be modeled after the
Tribunals described in AR-190-8.
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Guantanamo Bay captives legal and administrative procedures
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Authorized to confirm that a captive is a lawful combatant.
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269:dismissed all charges against Guantanamo captives
277:, on jurisdictional grounds. They ruled that the
78:, the United States is obliged to convene a "
62:the DoD convened to review the status of the
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285:to charge captives who were classified as "
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108:, who should be immediately released.
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347:United States Department of Defense
70:The authority of AR 190-8 Tribunals
37:regulation usually referred to as
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349:. October 1, 1997. Archived from
279:Military Commissions Act of 2006
142:Combatant Status Review Tribunal
44:This document is notable as the
421:United States Army publications
283:Guantanamo military commissions
120:they committed in situation of
179:Three officers, presided by a
1:
27:United States Army regulation
303:Administrative Review Board
46:United States Supreme Court
437:
416:United States military law
318:Unlawful enemy combatants
287:illegal enemy combatants
281:had only authorized the
261:On June 4, 2007 Colonel
229:meets with the captive:
227:Personal Representative
87:Third Geneva Convention
33:is the full title of a
74:As a signatory to the
50:Department of Defense
18:Army Regulation 190-8
64:Guantanamo captives
52:, in its ruling on
380:Human Rights First
275:Salim Ahmed Hamdan
265:and Naval Captain
80:competent tribunal
76:Geneva Conventions
58:in 2004, that the
35:United States Army
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137:AR-190-8 Tribunal
55:Hamdi v. Rumsfeld
16:(Redirected from
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386:on July 12, 2007
382:. Archived from
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308:Enemy combatants
291:enemy combatants
190:Three officers,
165:enemy combatants
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99:lawful combatant
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356:on May 21, 2003
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267:Keith J. Allred
263:Peter Brownback
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192:whose President
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122:armed conflict
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388:. Retrieved
384:the original
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358:. Retrieved
351:the original
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48:advised the
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196:field grade
181:field grade
405:Categories
324:References
271:Omar Khadr
118:war crimes
113:combatant
60:Tribunals
297:See also
220:Recorder
106:civilian
39:AR 190-8
390:June 8,
360:June 8,
208:lawyer.
313:OARDEC
354:(PDF)
343:(PDF)
194:is a
392:2007
362:2007
273:and
225:The
218:The
85:The
91:POW
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378:.
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331:^
167:".
394:.
364:.
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20:)
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