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Army Regulation 190-8 Tribunal
Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees is the full title of a United States Army regulation usually referred to as AR 190-8, that lays out how the United States Army should treat captives. This document is notable as the United States Supreme Court advised the Department of Defense, in its ruling on '' Hamdi v. Rumsfeld'' in 2004, that the Tribunals the DoD convened to review the status of the Guantanamo captives should be modeled after the Tribunals described in AR-190-8. The authority of AR 190-8 Tribunals As a signatory to the Geneva Conventions, the United States is obliged to convene a " competent tribunal" to determine the status of any captive "should any doubt arise" as to their proper status. The Third Geneva Convention states that all captives must be accorded the protections of POW status until a competent tribunal convenes, and determines the captive does not qualify for such status. *AR-190-8 Trib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, clause 1 of the United States Constitution (1789). See alsTitle 10, Subtitle B, Chapter 301, Section 3001 The oldest and most senior branch of the U.S. military in order of precedence, the modern U.S. Army has its roots in the Continental Army, which was formed 14 June 1775 to fight the American Revolutionary War (1775–1783)—before the United States was established as a country. After the Revolutionary War, the Congress of the Confederation created the United States Army on 3 June 1784 to replace the disbanded Continental Army.Library of CongressJournals of the Continental Congress, Volume 27/ref> The United States Army considers itself to be a continuation of the Continental Army, and thus considers its institutional inception to be th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tribunal President (CSRT)
The Combatant Status Review Tribunal the US Department of Defense commissioned, like the tribunals described in Army Regulation 190-8, which they were modeled after, were three member panels, led by a tribunal president. History of the tribunals Initially United States President George W. Bush asserted that captives taken during the "Global War on Terror": * Did not qualify for Prisoner of War status, as defined by the Geneva Conventions. * Were not entitled to the protection of having a " competent tribunal" convened, where their combatant status would be openly reviewed. This assertion was criticized by many legal scholars. And lawyers who volunteered to represent Guantanamo captives mounted legal challenges in the US Court system. The first legal challenge to be heard before the United States Supreme Court was Rasul v. Bush. The Supreme Court addressed some aspects of the case. In particular, it ruled that the Guantanamo captives were entitled to an opportunity to hear, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unlawful Enemy Combatants
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children. The Geneva Conventions apply in wars between two or more sovereign states. They do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
OARDEC
The Office for the Administrative Review of the Detention of Enemy Combatants, established in 2004 by the Bush administration's Deputy Secretary of Defense Paul Wolfowitz, is a United States military body responsible for organising Combatant Status Review Tribunals (CSRT) for captives held in extrajudicial detention at the Guantanamo Bay detention camps in Cuba and annual Administrative Review Boards to review the threat level posed by deemed enemy combatants in order to make recommendations as to whether the U.S. needs to continue to hold them captive. Most of the Guantanamo captives have had two Administrative Review Board hearings convened to review their continued detention. On June 22, 2007, an appeal on behalf of Guantanamo captive Fawzi al-Odah contained an affidavit from Stephen Abraham, a lawyer and United States Army reserve officer, which was highly critical of OARDEC's procedures. According to the '' Washington Post'' Abraham felt compelled to come forward ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enemy Combatants
Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict" (as described in the 1949 Geneva Conventions Article 3). After the September 11 attacks, the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or the Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants, a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions. However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention, enemy combatants, under the Bush administration, were not c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the detainees held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba. The purpose of the Board is to review whether the detainees still represent a threat. American President George W. Bush initially called the detainees "illegal combatants." But, without a formal announcement of the policy change, the Bush Presidency changed their description to "enemy combatant". From July 2004 through March 2005, military authorities conducted a one-time Combatant Status Review Tribunal for each detainee, to confirm whether they had been properly been classified as an "enemy combatant". The Combatant Status Reviews were criticized by human rights workers because the detainees were not entitled to legal counsel, and did not know what allegations they had to defend themselves against, and the detainees had no presumption of innocence. The ARB was creat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegal Enemy Combatant
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children. The Geneva Conventions apply in wars between two or more sovereign states. They do not recognize any status of lawfulness for combatants in conflicts not involving two or more nation stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guantanamo Military Commission
ThGuantanamo military commissionswere established by President George W. Bush – through a Military Order – on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of eight convictions in the military commissions, six through plea agreements with the defendants. Several of the eight convictions have been overturned in whole or in part on appeal, mostly by U.S. federal courts. There are five cases currently ongoing in the commissions—and another two pending appeal—including United States v. Khalid Sheikh Mohammed, et al.—the prosecution of the detainees alleged to be most responsible for the September 11, 2001 attacks. None of those five cases has yet gone to trial. History As explained by the Congressional Research Service, the United States first used military commissions to try enemy belligerents accused of war crimes during the occupation in Mexico in 1847, made use of them in the Civil War a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Commissions Act Of 2006
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes". It was drafted following the decision on '' Hamdan v. Rumsfeld'' (2006) from the Supreme Court of the United States, which ruled that the Combatant Status Review Tribunals (CSRT), as established by the United States Department of Defense, were procedurally flawed and unconstitutional, and did not provide protections under the Geneva Conventions. It prohibited detainees who had been classified as enemy combatants or were awaiting hearings on their status from using ''habeas corpus'' to petition federal courts in challenges to their detention. All pending habeas corpus cases at the federal district court were stayed. In '' Boumediene v. Bush'' (2008), the Supreme Court held that Section 7 of the law was uncons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Salim Ahmed Hamdan
Salim Ahmed Hamdan () (born February 25, 1968) is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November 2008. He admits to being Osama bin Laden's personal driver and said he needed the money. He was originally charged by a military tribunal with "conspiracy and providing material support for terrorism," but the process of military tribunals was challenged in a case that went to the US Supreme Court. In ''Hamdan v. Rumsfeld'' (2006), the Court ruled that the military commissions as set up by the United States Department of Defense were flawed and unconstitutional. DOD continued to hold Hamdan as an enemy combatant at Guantanamo. After passage of the Military Commissions Act of 2006, Hamdan was tried on revised charges beginning July 21, 2008, the first of the detainees to be tried under the new system. He was found guilty of "providing ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Omar Khadr
Omar Ahmed Said Khadr ( ar, عمر أحمد سعيد خضر; born September 19, 1986) is a Canadian citizen who at the age of 15 was detained by the United States at Guantanamo Bay for ten years, during which he pleaded guilty to the murder of U.S. Army Sergeant 1st Class Christopher Speer and other charges. He later appealed his conviction, claiming that he falsely pleaded guilty so that he could return to Canada where he remained in custody for three additional years. Khadr sued the Canadian government for infringing his rights under the Charter of Rights and Freedoms; this lawsuit was settled in 2017 with a CA$10.5 million payment and an apology by the federal government. Born in Canada, Khadr was taken to Afghanistan by his father, who was affiliated with Al-Qaeda and other terrorist organizations. On July 27, 2002, at age 15, Khadr was severely wounded during fighting between U.S. soldiers and Taliban fighters in the village of Ayub Kheyl; Khadr is alleged to have thrown ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Keith J
Keith may refer to: People and fictional characters * Keith (given name), includes a list of people and fictional characters * Keith (surname) * Keith (singer), American singer James Keefer (born 1949) * Baron Keith, a line of Scottish barons in the late 18th century * Clan Keith, a Scottish clan associated with lands in northeastern and northwestern Scotland Places Australia * Keith, South Australia, a town and locality Scotland * Keith, Moray, a town ** Keith railway station * Keith Marischal, East Lothian United States * Keith, Georgia, an unincorporated community * Keith, Ohio, an unincorporated community * Keith, West Virginia, an unincorporated community * Keith, Wisconsin, a ghost town * Keith County, Nebraska Other uses * Keith F.C., a football team based in Keith, Scotland * , a ship of the British Royal Navy * Hurricane Keith, a 2000 hurricane that caused extensive damage in Central America * ''Keith'' (film), a 2008 independent film directed by Todd Kessler * ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
