In a stunning blow against the Bush Administration, the US Supreme Court has ruled in a five-to-three decision that the military tribunals held in Guantanamo Bay against the detainees were illegal.
Specifically, it stated that the Geneva Conventions covering prisoners of war had to be applied to proceedings against all the prisoners.
However, the court did rule that the administration had the authority to hold the prisoners and whether they should be held as prisoners of war did not appear to be within the scope of the ruling. Of the eight prisoners held who have had charges made against them (including Australian David Hicks), this is a major breakthrough. It has already been argued that the charges brought against Hicks are invalid under the Geneva Conventions.
The position that the Guantanamo Bay detainees should be released as has received a major boost. The camp should be closed with all haste.
From: The Sydney Morning Herald
Military tribunal for Hicks illegal (excerpt)
Michael Gawenda
June 30, 2006
...The US Supreme Court has ruled that the military commissions set up by the Bush Administration to try prisoners, including David Hicks, at Guantanamo Bay are illegal and must be abandoned.
In a major blow to the Administration the five-to-three decision of the court said the Geneva Conventions covering prisoners of war had to be applied to proceedings against all prisoners at Guantanamo...
...It means that at the very least, the Pentagon will have to set up standard courts martial for prisoners, with all the protections afforded them under US law.
It is not clear what the Administration's response will be or how long it will take for it to set up military courts martial to try prisoners, such as Hicks, who have already been charged with offences that may not be valid under Geneva rules...
Specifically, it stated that the Geneva Conventions covering prisoners of war had to be applied to proceedings against all the prisoners.
However, the court did rule that the administration had the authority to hold the prisoners and whether they should be held as prisoners of war did not appear to be within the scope of the ruling. Of the eight prisoners held who have had charges made against them (including Australian David Hicks), this is a major breakthrough. It has already been argued that the charges brought against Hicks are invalid under the Geneva Conventions.
The position that the Guantanamo Bay detainees should be released as has received a major boost. The camp should be closed with all haste.
From: The Sydney Morning Herald
Military tribunal for Hicks illegal (excerpt)
Michael Gawenda
June 30, 2006
...The US Supreme Court has ruled that the military commissions set up by the Bush Administration to try prisoners, including David Hicks, at Guantanamo Bay are illegal and must be abandoned.
In a major blow to the Administration the five-to-three decision of the court said the Geneva Conventions covering prisoners of war had to be applied to proceedings against all prisoners at Guantanamo...
...It means that at the very least, the Pentagon will have to set up standard courts martial for prisoners, with all the protections afforded them under US law.
It is not clear what the Administration's response will be or how long it will take for it to set up military courts martial to try prisoners, such as Hicks, who have already been charged with offences that may not be valid under Geneva rules...
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