Terrorist Tribunals

[badapple40]

The U.S. Supreme Court issued the decision in Hamdan v. Rumsfeld today.

http://www.supremecourtus.gov/opinions/05pdf/05-184.pdf

For those that are interested, they held that military tribunals, as currently constituted, are improper. They suggested that the President convene court-martials.

First, if we characterize these guys as POWs, they are subject to the UCMJ, Article 2(a) (9) "Prisoners of war in custody of the armed forces." They can then be tried for violations of the law of war under Article 18. "General courts-martial also have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war."

Of course, they say the President may go back to Congress for additional authority, but then you get into all sorts of other issues...

 

[SHORTY LONG]

29 JUNE 06 THANKS COL. BadApple FOR INFO!

29 JUNE 06

Col. BadApple, thank you for sharing; looks like there is some very long reading with good case law still intact! Thank GOD Almighty for the case law the High court cited. Shorty

 

[marine]

To be classified as POWs they would have to have a host nation and abide by the Geneva Conventions. They are not Soilders and should not be afforded the rites of an honorable enemy.

The tactical response from any terrorist now should be to strike, ambush, and when counter attacked...to give up their weapon. With the current on goings, they'll go to Gitmo, get feed, and will be released to regroup and do it again.

of course, this from a society that wants its soilders to be monks**************.

We had them against the ropes, and this is going to enpower them......