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Competent tribunal

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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.
306:'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. 27: 189:; 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 145:
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.
139:"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). 363: 223:, 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 135:
The provision a new one; it was inserted in the Convention at the request of the International Committee of the Red Cross. The International Committee submitted the following text, which was approved at the Stockholm Conference:
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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.
477: 266: 103:, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal. 37: 502: 246:
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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Civilian Internee who for reasons of operational security, or probable cause incident to criminal investigation, should be detained.
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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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This would apply to deserters, and to persons who accompany the armed forces and have lost their identity card.
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Panel Ignored Evidence on Detainee: U.S. Military Intelligence, German Authorities Found No Ties to Terrorists
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The reviews determined only 38 detainees were not illegal combatants. Then, through some kind of mix-up,
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Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees
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Commentary on Convention (III) relative to the Treatment of Prisoners of War, Article 5
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If Colin Powell prevails, a tribunal would have to determine the detainees' status.
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Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees
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would follow the Geneva Conventions as it was strictly interpreted, and that the
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Innocent civilian who should be immediately returned to his home or released.
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lost, and was forced to institute Combatant Status Review Tribunal.
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Under U.S. military regulations, a Tribunal would be composed of:
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Report on Guantanamo detainees: A Profile of 517 Detainees (.pdf)
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International Committee of the Red Cross commentary on Article 5
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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
130:PARAGRAPH 2. -- PERSONS WHOSE STATUS IS IN DOUBT 523: 215:"Competent tribunals" during the 1991 Gulf War 330:congressional authorization. In response the 34:The examples and perspective in this article 291:ruling, the Bush administration began using 440: 471: 446: 398: 396: 376: 72:Learn how and when to remove this message 489: 120:International Committee of the Red Cross 16:Term used in the Third Geneva Convention 524: 415: 393: 295:to determine the status of detainees. 114:ICRC commentary on competent tribunals 108:Third Geneva Convention Article 5, ¶ 2 159:(12) Ibid., Vol. III, p. 63, No. 95; 452:"Rift in Bush's team over detainees" 20: 13: 14: 543: 293:Combatant Status Review Tribunals 176: 25: 263:Guantanamo military commissions 162:(13) Ibid., Vol. II-B, p. 270; 1: 369: 197:Possible determinations are: 7: 337: 48:, discuss the issue on the 10: 548: 276: 191:preponderance of evidence 165:(14) Ibid., pp. 270-271; 332:Military Commissions Act 93:Third Geneva Convention 344:Command responsibility 201:Enemy Prisoner of War. 174: 111: 512:Seton Hall University 434:Department of Defense 267:Common Article 3 187:commissioned officers 128: 97: 427:May 2, 2006, at the 54:create a new article 46:improve this article 483:The Washington Post 450:(29 January 2002). 412:, October 1997 320:unlawful combatants 287:Following the 2004 283:No-hearing hearings 248:unlawful combatants 238:announced that the 91:paragraph 2 of the 532:Geneva Conventions 515:, February 8, 2006 505:2007-03-03 at the 349:Geneva Conventions 315:Seton Hall studies 279:Unlawful combatant 259:Hamdan v. Rumsfeld 244:war in Afghanistan 124:competent tribunal 87:is a term used in 85:Competent Tribunal 82: 81: 74: 56:, as appropriate. 539: 516: 493: 487: 486:, March 27, 2005 475: 469: 468: 463: 462: 444: 438: 419: 413: 410:Regulation 190-8 400: 391: 380: 219:During the 1991 172: 109: 95:, which states: 77: 70: 66: 63: 57: 29: 28: 21: 547: 546: 542: 541: 540: 538: 537: 536: 522: 521: 520: 519: 507:Wayback Machine 494: 490: 476: 472: 460: 458: 445: 441: 429:Wayback Machine 420: 416: 401: 394: 381: 377: 372: 340: 285: 277:Main articles: 275: 232: 217: 179: 173: 170: 147: 144: 134: 116: 110: 107: 78: 67: 61: 58: 43: 30: 26: 17: 12: 11: 5: 545: 535: 534: 518: 517: 488: 470: 439: 414: 392: 374: 373: 371: 368: 367: 366: 361: 356: 351: 346: 339: 336: 274: 271: 236:George W. Bush 231: 228: 216: 213: 212: 211: 208: 205: 202: 195: 194: 178: 175: 168: 167: 166: 163: 160: 157: 154: 115: 112: 105: 80: 79: 40:of the subject 38:worldwide view 33: 31: 24: 15: 9: 6: 4: 3: 2: 544: 533: 530: 529: 527: 514: 513: 508: 504: 501: 497: 496:Mark Denbeaux 492: 485: 484: 479: 474: 467: 457: 453: 449: 443: 436: 435: 430: 426: 423: 418: 411: 409: 404: 399: 397: 390: 389: 384: 379: 375: 365: 362: 360: 357: 355: 352: 350: 347: 345: 342: 341: 335: 334:was adopted. 333: 327: 325: 321: 316: 313:Further, the 311: 307: 305: 300: 296: 294: 290: 289:Rasul v. Bush 284: 280: 270: 268: 264: 260: 255: 251: 249: 245: 241: 240:United States 237: 227: 226: 222: 209: 206: 203: 200: 199: 198: 192: 188: 184: 183: 182: 177:United States 164: 161: 158: 155: 152: 151: 150: 140: 137: 131: 127: 125: 121: 104: 102: 96: 94: 90: 86: 76: 73: 65: 55: 51: 47: 41: 39: 32: 23: 22: 19: 510: 491: 481: 473: 465: 459:. Retrieved 442: 432: 431:(page 663), 417: 406: 386: 378: 354:Jus in bello 328: 324:study itself 312: 308: 304:Murat Kurnaz 301: 297: 286: 256: 252: 233: 224: 218: 196: 180: 141: 138: 132: 129: 123: 117: 98: 84: 83: 68: 59: 35: 18: 62:August 2023 461:2008-02-19 437:April 1992 370:References 359:UN Charter 448:Jon Leyne 408:U.S. Army 101:Article 4 89:Article 5 50:talk page 526:Category 503:Archived 498:et al., 425:Archived 338:See also 221:Gulf War 169:—  106:—  44:You may 322:. The 185:Three 126:that: 52:, or 388:ICRC 281:and 118:The 456:BBC 250:". 528:: 509:, 480:, 464:. 454:. 405:, 395:^ 385:, 193:. 75:) 69:( 64:) 60:( 42:.

Index

worldwide view
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Article 5
Third Geneva Convention
Article 4
International Committee of the Red Cross
commissioned officers
preponderance of evidence
Gulf War
George W. Bush
United States
war in Afghanistan
unlawful combatants
Hamdan v. Rumsfeld
Guantanamo military commissions
Common Article 3
Unlawful combatant
No-hearing hearings
Rasul v. Bush
Combatant Status Review Tribunals
Murat Kurnaz
Seton Hall studies
unlawful combatants
study itself
Military Commissions Act
Command responsibility
Geneva Conventions

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