Hamdan had formerly worked in Afghanistan on an agricultural project that Bin Laden had developed. Hamdan was captured by militia forces during the invasion of Afghanistan in the fall of and turned over to the United States. In JulyHamdan was charged with conspiracy to commit terrorism,  and the Bush administration made arrangements to try him before a military commissionestablished by the Department of Defense under Military Commission Order No.
As a result, thousands of United States citizens, as well as hundreds of foreign nationals, were killed.
And further terrorist acts are not out of the question. The vast majority of the world community has recognized the attacks for what they were purposeful acts of war visited upon the United States by a terrorist organization succored both openly and surreptitiously by various governments around the world.
In light of the September 11 attack on the United States, leaders around the world have agreed to stand with the United States in rooting out al-Qaeda and its terrorist accomplices.
It is in the context of these acts of war that President Bush's actions concerning Military Commissions must be understood and evaluated.
The Order reads, in pertinent part: To protect the United States and its citizens, and for the effective conduct of military operations and prevention of terrorist attacks, it is necessary for individuals subject to this order. Having fully considered the magnitude of the potential deaths, injuries, and property destruction that would result from potential acts of terrorism against the United States, and the probability that such acts will occur, I have determined that an extraordinary emergency exists for national defense purposes, that this emergency constitutes an urgent and compelling government interest, and that issuance of this order is necessary to meet the emergency.
|Supreme Court Rules Against Military Tribunals; Geneva Applies to Al Qaeda (Updated)||National Review columnist Andrew McCarthy argued that since the law applies to "aliens with no immigration status who are captured and held outside the territorial jurisdiction of the United States, and whose only connection to our country is to wage a barbaric war against it" they do not have a constitutional right to habeas corpus. McCarthy also wrote that the Detainee Treatment Act ofwhile not allowing a standard habeas corpus review, provides that each detainee "has a right to appeal to our civilian-justice system.|
|Legality of Military Commissions | American Center for Law and Justice||Yoo and James C.|
|Unlawful combatant - Wikipedia||Testimony of Scott L.|
Any individual subject to this order shall, when tried, be tried by military commission for any and all offenses triable by military commission that such individual is alleged to have committed, and may be punished in accordance with the penalties provided under applicable law, including life imprisonment or death.
The Order sets forth certain procedures for detaining and trying non-U. The Joint Congressional Resolution authorizing the President's use of force reads, in pertinent part, as follows: That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11,or harbored such organizations or persons.
The Joint Resolution further states that the Resolution is consistent with the War Powers Resolution and is "intended to constitute specific statutory authorization within the meaning of section 5 b of the War Powers Resolution.
Section of Title 10, United States Code, authorizes the President to prescribe "[p]retrial, trial, and post-trial procedures, including modes of proof for cases arising under this chapter [10 U. For example, British Major John Andre, the man who traveled in disguise behind the lines of the Continental Army to convince General Benedict Arnold to commit treason, was captured and tried before a Board of General Officers appointed by General Washington.
The Board found Andre guilty, and he was hanged. See Ex Parte Quirin, U. Matthias Colbhart was convicted of "holding a Correspondence with the Enemy" and "living as a Spy among the Continental Troops," and General Washington ordered the sentence of death to be executed. During the War ofWilliam Baker was convicted as being a spy and sentenced to be hanged.
William Utley was tried as a spy inbut was acquitted. Likewise, during the Civil War, T. Hogg and others were tried and convicted by a Military Commission for violating "the laws and usages of civilized war.
Hogg and his associates had taken passage in Panama on a United States merchant steamer "with the purpose of capturing the vessel and converting her into a Confederate cruiser. Beall, a commissioned officer in the Confederate Navy, and some associates took passage on a United States merchant vessel at a Canadian port and commandeered the vessel on Lake Erie.
Beall was convicted by Military Commission and sentenced to be hanged.
Confederate Captain Robert C. Kennedy, while in disguise, had sought to set fire to New York City. He was captured, tried by Military Commission, and sentenced to be hanged.Mar 21, · President Bush Signs Executive Order Authorizing Military Tribunals: On November 13, , President George W.
Bush signed an executive order authorizing the creation of military tribunals for the detention, treatment and trial of certain non-citizens in the war against terrorism. Why Military Tribunals Are Consistent with the Geneva Conventions and Attorney General Holder still believe military tribunals for KSM and other terrorists are inconsistent with the Geneva.
The United States and the Geneva Conventions. Writing in a January memo to President Bush, then White House Counsel Alberto Gonzales claimed clauses of the conventions referring to the.
On November 13, , President Bush issued a Military Order ("Order"), see 66 Fed. Reg.
57, (), authorizing the use of Military Commissions to try certain past and present members of al-Qaeda and their terrorist allies for the heinous criminal acts of war visited upon the . UPDATE: Glenn Greenwald notes that Congress could decide to abrogate the Geneva Convention or exempt its application with respect to the military commissions.
It would be an extraordinary step. The Court reversed the ruling of the Court of Appeals, holding that President George W. Bush did not have authority to set up the war crimes tribunals and finding the special military commissions illegal under both military justice law and the Geneva Conventions.