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often be of subordinate rank. The matter should be taken to a court, as persons taking part in the fight without the right to do so are liable to be prosecuted for murder or attempted murder, and might even be sentenced to capital punishment (12). This suggestion was not unanimously accepted, however, as it was felt that to bring a person before a military tribunal might have more serious consequences than a decision to deprive him of the benefits afforded by the
Convention (13). A further amendment was therefore made to the Stockholm text stipulating that a decision regarding persons whose status was in doubt would be taken by a 'competent tribunal', and not specifically a military tribunal.
317:'s dossier was accidentally declassified. Critics examined its contents. It was hundreds of pages long. All but one of the documents in Kurnaz's dossier established his innocence—established that there was no reason to believe he had any association with terrorism. The lone exception was unsigned, and contained only a vague accusation. This lone memo did not supply any evidence to back up its accusation that Kurnaz was acquainted with a suicide bomber—and the memo didn't even get that suicide bomber's name correctly.
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200:; a written record of proceedings; proceedings shall be open with certain exceptions; persons whose status is to be determined shall be advised of their rights at the beginning of their hearings, allowed to attend all open sessions, allowed to call witnesses if reasonably available, and to question those witnesses called by the Tribunal, and to have a right to testify; and a tribunal shall determine status by a
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Another change was made in the text of the paragraph, as drafted at
Stockholm, in order to specify that it applies to cases of doubt as to whether persons having committed a belligerent act and having fallen into the hands of the enemy belong to any of the categories enumerated in Article 4 (14). The
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The Bush administration tried to keep secret the identity of all the
Guantanamo detainees. But some detainees' identities leaked out. Sympathetic lawyers secured permission from those detainees' families, and mounted legal challenges to try to secure their human rights. The Bush administration
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At Geneva in 1949, it was first proposed that for the sake of precision the term 'responsible authority' should be replaced by 'military tribunal' (11). This amendment was based on the view that decisions which might have the gravest consequences should Hot be left to a single person, who might
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For this, and other reasons, opponents argued that the
Combatant Status Review Tribunals do not constitute a competent tribunal as mandated by the Geneva Convention. The Supreme Court ruled in Hamdan v. Rumsfeld that this was irrelevant, but it also ruled that the CSRT was not legal without
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Critics argued that since a single vague accusation had been enough to keep a detainee imprisoned, if one assumed his case was typical, it was reasonable to believe that many other detainees the reviews determined were illegal combatants may have been just as questionable.
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It therefore seems to us that this provision should not be interpreted too restrictively; the reference in the
Convention to 'a belligerent act' relates to the principle which motivated the person who committed it, and not merely the manner in which the act was committed.
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Critics claimed that signatories to the Geneva
Conventions, like the United States, are obliged to treat all captured combatants as if they qualified for POW status, until a "competent tribunal" considers their case and determines that they don't qualify for POW status.
150:"Should any doubt arise whether any of these persons belongs to one of the categories named in the said Article, that person shall have the benefit of the present Convention until his or her status has been determined by some responsible authority" (10).
234:, some detainees initially categorized as POWs were found to be innocent civilians who had surrendered to receive free food and lodging. 1,196 tribunals were convened, of which 310 individuals were granted POW status. The remaining 886 detainees
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The provision a new one; it was inserted in the
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conducted by lawyers for detainees found that 92% of detainees in
Guantanamo Bay were not "al-Qaeda fighters" and they argue that the CSRT's were severely biased against suspects in favor of determining them
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Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in
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Recommended
Retained Personnel (RP), entitled to EPW protections, who should be considered for certification as a medical, religious, or volunteer aid society RP.
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reveals that those 92% who are not "al-Qaeda fighters" were deemed to be either other al-Qaeda members or
Taliban or members of other affiliated hostile groups.
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did not fall within that purview. As such, President Bush stated that fighters captured in the war in Afghanistan would be treated as "
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clarification contained in Article 4 should, of course, reduce the number of doubtful cases in any future conflict.
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Panel Ignored Evidence on Detainee: U.S. Military Intelligence, German Authorities Found No Ties to Terrorists
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would follow the Geneva Conventions as it was strictly interpreted, and that the
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lost, and was forced to institute Combatant Status Review Tribunal.
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Report on Guantanamo detainees: A Profile of 517 Detainees (.pdf)
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This term began to receive a lot of attention when President
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deal primarily with the United States and do not represent a
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Conduct of the Persian Gulf War: Final Report to Congress
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The Supreme Court set aside this question in the case of
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Combatant Status Review Tribunal as competent tribunals
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131:International Committee of the Red Cross
27:Term used in the Third Geneva Convention
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