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Status Review
Tribunals there is every reason to be mortified at the prospect – made real by the legislation – that the federal courts will be frozen out of vital oversight functions. If a regular trial court proceeding were this shoddy, this unwilling to perform a truth-seeking function, this unable to achieve a fair process, the judge presiding over it would be impeached.
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Neil A. Lewis, after observing several
Combatant Status Review Tribunals in November 2004, noted: "The hearings here have come under heavy criticism because they do not meet the traditional standards of court proceedings." Lewis quoted an exchange between a Yemeni captive who asked for the proof that
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The
Combatant Status Review Tribunals, notably, did not have the authority to rule on whether the Guantanamo captives were, or weren't, entitled to the protections of Prisoner of War status. They were merely authorized to determine whether previous secret determinations that the captives met a new,
645:
There is more in the Seton Hall report that ought to leave flushed and breathless every single
Senator (Republican and Democrat alike) who just voted for the White House's "Military Commissions Act of 2006." If the actual trials of the detainees are as empty and shallow and pre-ordained as were the
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A captive was a "lawful combatant", who should continue to enjoy all the protections of
Prisoner of War status. Captives who were classified as lawful combatants and Prisoners of War, cannot be tried for the actions they had taken, prior to capture, which were, by definition, lawful. Prisoners of
362:
asked one of the
Government's senior lawyers whether a little old lady, from Switzerland, who sent a donation to a charity she believed was a legitimate charity, could be considered an enemy combatant, if, without her knowledge that charity had been subverted, and some of its resources had been
378:, who defended two Guantanamo captives, was the leader of a team of legal scholars who published twelve methodical, systematic analyses of the Guantanamo documents, noted several times other officers had criticized the tribunal presidents. The report entitled
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The
Supreme Court addressed some aspects of the case. In particular, it ruled that the Guantanamo captives were entitled to an opportunity to hear, and challenge, the allegations the DoD felt justified their continued extrajudicial detention.
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noted that tribunal presidents routinely disallowed witness requests for reasons that weren't authorized by the tribunal procedures. Tribunal presidents were authorized to disallow witness requests when they ruled they weren't
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Captives were entitled to request any witnesses or documents they thought might help show they were not enemy combatants. The
Tribunal president had the authority and responsibility to rule whether the captive's request were
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This assertion was criticized by many legal scholars. And lawyers who volunteered to represent
Guantanamo captives mounted legal challenges in the US Court system. The first legal challenge to be heard before the
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A captive was a combatant, but one who had acted in a manner that had stripped them of lawful combatant status could face trial. They would no longer be protected by the Geneva
Convention protection against
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If the tribunal president ruled that a request for witnesses, or documents, were relevant, they then had the authority and responsibility to rule whether the captive's requested witnesses or documents were
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If a regular trial court proceeding were this shoddy, this unwilling to perform a truth-seeking function, this unable to achieve a fair process, the judge presiding over it would be impeached.
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backed up the allegations against him, and the President's response: "We're not here to debate these points. This is what we're given and this is your opportunity to give us your story."
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319:" for any captive around whom there is doubt as to their combatant status. The Geneva Conventions state that all captives have to be accorded all the protections of
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A captive was a civilian refugee, not a combatant. Captives who were determined to have been civilian refugees should then be immediately released.
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diverted to support the Taliban or al Qaeda. She was told the little old lady could be considered an enemy combatant.
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The most important difference between a CSRT Tribunal and an AR 190-8 Tribunal lay in their respective mandates.
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The AR-190-8 Tribunals were intended to comply with the United States responsibilities, as a signatory to the
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combatants who have acted in a manner that has stripped them of the protections of POW status.
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wrote that the Department of Defense should convene tribunals similar to those described in
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The tribunal president had the authority to rule on all other administrative matters.
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status, until a competent tribunal sat, and determined that the captive was not a "
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War are protected from being compelled to answer any questions beyond their "
184:, which they were modeled after, were three member panels, led by a tribunal
570:, David Gratz, John Gregorek, Matthew Darby, Shana Edwards, Shane Hartman,
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Office for the Administrative Review of the Detention of Enemy Combatants
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should follow to determine whether captives taken during a war where:
226:" convened, where their combatant status would be openly reviewed.
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innocent civilian refugees, who should be released immediately.
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663:"Guantánamo Prisoners Getting Their Day, but Hardly in Court"
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lawful combatants, entitled to the protections of POW status.
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Army Regulation 190-8 sets out the procedure officers of the
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Guantanamo Bay captives legal and administrative procedures
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The AR-190-8 Tribunals have the authority to rule that:
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492:"Order Establishing Combatant Status Review Tribunal"
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Criticisms of the performance of tribunal presidents
222:Were not entitled to the protection of having a "
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180:commissioned, like the tribunals described in
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609:: CS1 maint: multiple names: authors list (
351:very broad definition of "enemy combatant".
203:asserted that captives taken during the "
120:Learn how and when to remove this message
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56:Please improve this article by adding
399:", or that their testimony would be "
7:
574:, Megan Sassaman and Helen Skinner.
280:The tribunal president had to be a "
624:Andrew Cohen (November 30, 2006).
537:. October 15, 2006. Archived from
528:"Combatant Status Review Tribunal"
27:BAKOD Pilipinas genuine opposition
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461:Designated Military Officer (ARB)
456:Assisting Military Officer (ARB)
174:Combatant Status Review Tribunal
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436:Personal Representative (CSRT)
276:Role of the tribunal president
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585:School of Law. Archived from
354:During testimony before her,
58:secondary or tertiary sources
340:name, rank and serial number
446:Administrative Review Board
233:United States Supreme Court
147:may have misleading content
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259:United States armed forces
215:status, as defined by the
626:"Gitmo Justice Is a Joke"
406:Andrew Cohen, writing in
18:Tribunal President (CSRT)
374:, a professor of law at
192:History of the tribunals
178:US Department of Defense
451:Presiding Officer (ARB)
198:United States President
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246:Supreme Court Justice
45:relies excessively on
583:Seton Hall University
576:"No-hearing hearings"
535:Department of Defense
499:Department of Defense
376:Seton Hall University
252:Army Regulation 190-8
182:Army Regulation 190-8
69:"President" CSRT
661:(November 8, 2004).
572:Daniel Mann (lawyer)
488:Secretary of Defense
393:reasonably available
299:reasonably available
211:Did not qualify for
205:Global War on Terror
630:The Washington Post
409:The Washington Post
382:No-hearing hearings
282:field grade officer
248:Sandra Day O'Connor
153:clarify the content
679:2007-09-30 at the
668:The New York Times
317:competent tribunal
315:, to establish a "
313:Geneva Conventions
224:competent tribunal
217:Geneva Conventions
544:on August 9, 2009
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151:Please help
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161:August 2012
110:August 2009
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472:References
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548:April 26,
512:April 26,
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397:redundant
186:president
692:Category
677:Archived
605:cite web
425:See also
389:relevant
358:Justice
291:relevant
401:hearsay
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