Top court rules for Guantanamo prisoners-Justice Anthony Kennedy

ziya Well-Known Member

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#1

WASHINGTON (Reuters) - Guantanamo Bay prisoners can go before U.S. federal judges to challenge their years-long detention, the Supreme Court ruled on Thursday in a landmark decision that delivered a stinging setback for President George W. Bush's policies.
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"We'll abide by the court's decision. That doesn't mean I have to agree with it," Bush told a news conference in Rome, where he was on a weeklong European visit. "We'll study this opinion and we'll do so ... to determine whether or not additional legislation might be appropriate."
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Some detainees have been held for six years, without any definitive judicial determination of their detention, he said, adding the war on terrorism, which began Sept 11, 2001, has already become among the longest wars in American history.
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"The Supreme Court did the right thing. Everyone has the right to challenge why they're being thrown in prison, to hear the charges against them and to answer to that," said Dalia Hashad, the group's domestic human rights program director.
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Bush has acknowledged the prison's damage to the U.S. image and has said he would like to see it closed eventually. Both the Democratic presidential candidate Barack Obama and his Republican rival, Sen. John McCain, have pledged to close it.
McCain told reporters in Boston he was concerned about the decision. "These are unlawful combatants. They are not American citizens," he said.

full text : http://news.yahoo.com/s/nm/20080612/ts_nm/guantanamo_court_dc

I agree with Dalia Hashad, that everyone has the right to challenge why they're being thrown in prison. They are not slaves, are they ? I hope there will be justice for all Guantanamo prisinors soon

ziya, Jun 12, 2008 IP

earlpearl Well-Known Member

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#2

I'm surprised at the decision. I figured this court for giving a stamp of approval to whatever Bush does.

His whole effort on torture, locking up these guys forever, drastically changing the way they are tried, etc. has twisted American system of justice.

I'm glad they made the decision.

earlpearl, Jun 12, 2008 IP

bogart Notable Member

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#3

Unlawful combatants may be held as a POW. There is no time limit for POW status.

bogart, Jun 12, 2008 IP

wisdomtool Moderator Staff

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I beg to differ, unlawful combatants aren't POW according to the Geneva Convention

Source : http://www.unhchr.ch/html/menu3/b/91.htm

Article 4

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:

(a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

(d) That of conducting their operations in accordance with the laws and customs of war.

3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

5. Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.

6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present Convention:

1. Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.

2. The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.

C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention.

To be entitled to prisoner of war status, the captured service member must be a "lawful combatant" entitled to combatant's privilege--which gives them immunity for crimes constituting lawful acts of war, e.g., killing enemy troops. To qualify under the Fourth Geneva Convention, the combatant must have conducted military operations according to the laws and customs of war: be part of a chain of command and wear a "fixed distinctive marking, visible from a distance", and bear arms openly. Thus, francs-tireurs, "terrorists", saboteurs, mercenaries and spies may be excluded.
Click to expand...

bogart said: ↑

Unlawful combatants may be held as a POW. There is no time limit for POW status.
Click to expand...

wisdomtool, Jun 12, 2008 IP

bogart Notable Member

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#5

wisdomtool said: ↑

I beg to differ, unlawful combatants aren't POW according to the Geneva Convention

Source : http://www.unhchr.ch/html/menu3/b/91.htm
Click to expand...

My understanding is that Article 5 would make the unlawful combatant a POW until they were tried by a military tribunal.

Article 5

The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.

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 Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

bogart, Jun 12, 2008 IP

Dead Corn Peon

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#6

You know, if Bush wasn't so keen on throwing out little things like Habeus Corpus, etc, I might actually bend somewhat towards a difference of opinion in war-time, etc. But Bush has done everything he can to undermine this great constitution of ours.

He's the worst President in the history of this great nation. I wouldn't trust him as far as I could throw Carl Rove.

Dead Corn, Jun 13, 2008 IP

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Top court rules for Guantanamo prisoners-Justice Anthony Kennedy

ziya Well-Known Member

earlpearl Well-Known Member

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wisdomtool Moderator Staff

bogart Notable Member

Dead Corn Peon

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