Post by modeski on Jun 29, 2006 22:59:13 GMT
From The Age
It's about bloody time. We've only been shouting about this for four years. I've yet to read much in the way of response from the mainstream media about this, or from the right-wing hackocracy. The US knew this was illegal from the start, that's why they set the camp up at Guantanamo bay rather than in the US.
THE US Supreme Court has ruled that the military commissions set up by the Bush Administration to try Guantanamo Bay detainees, including David Hicks, are illegal and have to be abandoned. The court's 5-3 ruling said that the Geneva Conventions on prisoners of war had to be applied to proceedings against all detainees at Guantanamo.
The court ruled that the Bush Administration's position that detainees held at Guantanamo and elsewhere are illegal combatants and not covered by the Geneva Conventions is unconstitutional.The decision has thrown the Administration into turmoil and means that they are back to square one in setting up a system to try detainees at Guantanamo and elsewhere that complies with the Geneva Conventions.
It means that at the very least, the Pentagon will have to set up standard courts martials for detainees, with all the protections afforded by US law. It is not clear how the Administration will respond or how long it will take for them to set up military courts martials to try detainees such as Hicks, who have already been charged with offences that may not be legal under Geneva Convention rules.
Hicks has been at Guantanamo for more than four years and is one of eight detainees charged with specific offences.President George Bush last week said that he wanted to close Guantanamo as soon as possible and was waiting for the Supreme Court decision.The court ruled that the Administration had the right to detain the prisoners held at Guantanamo, but ruled that if they were to be tried, it had to be through regular court martials.
Some observers say that it could be months, perhaps even longer, before a new system to try detainees is set up.The Australian Government has supported the Bush Administration's position on the military commission - and is now faced with the prospect of David Hicks remaining in detention with no prospect of a hearing for a year or even longer.The Supreme Court decision follows months of criticism from international jurists of the military commissions, which many labelled kangaroo courts. Senior US military lawyers have warned they do not deliver justice.
If the Pentagon proceeds with regular court martials, evidence of alleged torture will be admissible.
The court ruled that the Bush Administration's position that detainees held at Guantanamo and elsewhere are illegal combatants and not covered by the Geneva Conventions is unconstitutional.The decision has thrown the Administration into turmoil and means that they are back to square one in setting up a system to try detainees at Guantanamo and elsewhere that complies with the Geneva Conventions.
It means that at the very least, the Pentagon will have to set up standard courts martials for detainees, with all the protections afforded by US law. It is not clear how the Administration will respond or how long it will take for them to set up military courts martials to try detainees such as Hicks, who have already been charged with offences that may not be legal under Geneva Convention rules.
Hicks has been at Guantanamo for more than four years and is one of eight detainees charged with specific offences.President George Bush last week said that he wanted to close Guantanamo as soon as possible and was waiting for the Supreme Court decision.The court ruled that the Administration had the right to detain the prisoners held at Guantanamo, but ruled that if they were to be tried, it had to be through regular court martials.
Some observers say that it could be months, perhaps even longer, before a new system to try detainees is set up.The Australian Government has supported the Bush Administration's position on the military commission - and is now faced with the prospect of David Hicks remaining in detention with no prospect of a hearing for a year or even longer.The Supreme Court decision follows months of criticism from international jurists of the military commissions, which many labelled kangaroo courts. Senior US military lawyers have warned they do not deliver justice.
If the Pentagon proceeds with regular court martials, evidence of alleged torture will be admissible.
It's about bloody time. We've only been shouting about this for four years. I've yet to read much in the way of response from the mainstream media about this, or from the right-wing hackocracy. The US knew this was illegal from the start, that's why they set the camp up at Guantanamo bay rather than in the US.
