|
Competent Tribunal
Competent Tribunal is a term used in Article 5 paragraph 2 of the Third Geneva Convention, which states: ICRC commentary on competent tribunals The International Committee of the Red Cross (ICRC) commentary on Article 5 of the Third Geneva Convention says on the issue of ''competent tribunal'' that: United States Under U.S. military regulations, a Tribunal would be composed of: :Three commissioned officers; 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 preponderance of evidence. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised at the 1949 conference. It defines humanitarian protections for prisoners of war. There are 196 state parties to the Convention. Part I: General provisions This part sets out the overall parameters for GCIII: * Articles 1 and 2 cover which parties are bound by GCIII * Article 2 specifies when the parties are bound by GCIII ** That any armed conflict between two or more "High Contracting Parties" is covered by GCIII; ** That it applies to occupations of a "High Contracting Party"; ** That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...Although one of the Powers in conflict may not be a pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Combatant Status Review Tribunal
The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in ''Hamdi v. Rumsfeld'' and '' Rasul v. Bush'' and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants. These non-public hearings were conducted as "a formal review of all the information related to a detainee to determine whether each person meets the criteria to be designated as an enemy combatant." The first CSRT hearings began in July 2004. Redacted transcripts of hearings for "high value detainees" were posted to the Department of Defense (DoD) website. As of October 30, 2007, fourteen CSRT transcripts were available on the DoD website. The Supreme Court of the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UN Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties. During the Second World War, the Allies—Declaration by Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus In Bello
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Command Responsibility
Command responsibility (superior responsibility, the Yamashita standard, and the Medina standard) is the legal doctrine of hierarchical accountability for war crimes.Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law by Allison Marston Danner and Jenny S. Martinez, September 15, 2004 by Robin Rowland, CBC News Online, 6 May 2004 The legal doctrine of command responsibility stipulates that a superior officer (military commander or civilian leader ... [...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] |
Seton Hall University
Seton Hall University (SHU) is a private Catholic research university in South Orange, New Jersey. Founded in 1856 by then-Bishop James Roosevelt Bayley and named after his aunt, Saint Elizabeth Ann Seton, Seton Hall is the oldest diocesan university in the United States. Seton Hall consists of 9 schools and colleges, with an undergraduate enrollment of about 5,800 students and a graduate enrollment of about 4,400. It is classified among "R2: Doctoral Universities – High research activity". The university is particularly known nationally for its successful men's basketball team, which has appeared in 13 NCAA Division I men's basketball tournaments and achieved national renown after making it to the final of the 1989 tournament and losing 80–79 in overtime to the Michigan Wolverines. The basketball success and increased national television exposure has led to a sharp jump in applications from potential students and attendance at games. History Early history Like ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mark Denbeaux
Mark P. Denbeaux (born July 30, 1943 in Gainesville, Florida) is an American attorney, professor, and author. He is a law professor at Seton Hall University School of Law in Newark, New Jersey and the Director of its Center for Policy and Research. He is best known for his reports on the Guantanamo Bay detention camp and its operations. Denbeaux has testified to Congress about the findings of the Center's reports. He and his son, Joshua Denbeaux, are the legal representatives of two Tunisian detainees at Guantanamo. He is also the lead Civilian Military Commission Counsel for two detainees who were tortured by the Central Intelligence Agency in black sites prior to their detainment. Denbeaux is an expert in forensics and has testified as an expert witness in cases across the country. Denbeaux also is a practicing attorney in the family law firm of Denbeaux & Denbeaux in Westwood, New Jersey. Early life and education Mark Denbeaux was born on July 30, 1943, in Gainesville, Flor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Profile Of 517 Detainees Through Analysis Of Department Of Defense Data
Seton Hall report, also known as the Denbeaux study, is any of several studies, published by the Center for Policy and Research at Seton Hall University Law School in the United States beginning in 2006, about the detainees and United States government policy related to operations at the Guantánamo Bay detention camp. At a time when the government revealed little about these operations, the reports were based on analysis of data maintained and released by the Department of Defense. The director of the Law School's Center, Mark P. Denbeaux, supervised law student teams in their analysis and writing the studies. The first study was ''Report on Guantanamo Detainees: A Profile of 517 Detainees through Analysis of Department of Defense Data'' (February 8, 2006). By late 2009, Professor Denbeaux had supervised fifteen studies on Guantanamo for the Center for Policy and Research. The studies have been cited in both houses of Congress, for instance, by the Senate Armed Services Committee, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seton Hall Study
Seton Hall report, also known as the Denbeaux study, is any of several studies, published by the Center for Policy and Research at Seton Hall University Law School in the United States beginning in 2006, about the detainees and United States government policy related to operations at the Guantánamo Bay detention camp. At a time when the government revealed little about these operations, the reports were based on analysis of data maintained and released by the Department of Defense. The director of the Law School's Center, Mark P. Denbeaux, supervised law student teams in their analysis and writing the studies. The first study was ''Report on Guantanamo Detainees: A Profile of 517 Detainees through Analysis of Department of Defense Data'' (February 8, 2006). By late 2009, Professor Denbeaux had supervised fifteen studies on Guantanamo for the Center for Policy and Research. The studies have been cited in both houses of Congress, for instance, by the Senate Armed Services Committee, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large national audience. Daily broadsheet editions are printed for D.C., Maryland, and Virginia. The ''Post'' was founded in 1877. In its early years, it went through several owners and struggled both financially and editorially. Financier Eugene Meyer purchased it out of bankruptcy in 1933 and revived its health and reputation, work continued by his successors Katharine and Phil Graham (Meyer's daughter and son-in-law), who bought out several rival publications. The ''Post'' 1971 printing of the Pentagon Papers helped spur opposition to the Vietnam War. Subsequently, in the best-known episode in the newspaper's history, reporters Bob Woodward and Carl Bernstein led the American press's investigation into what became known as the Watergate scandal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murat Kurnaz
Murat Kurnaz (born 19 March 1982) is a Turkish citizen and legal resident of Germany who was held in extrajudicial detention by the United States at its military base in Kandahar, Afghanistan and in the Guantanamo Bay detention camp at Guantanamo Bay Naval Base, Cuba beginning in December 2001. He was tortured in both places. By early 2002, intelligence officials of the United States and Germany had concluded that accusations against Kurnaz were groundless. According to the BBC, Germany refused to accept him at that time, although the US offered to release him.Stephen Mulvey, "CIA flights controversy here to stay" BBC News, 16 February 2007; accessed 13 October 2017 Kurnaz was detained and abused at Guantanamo for nearly five more years. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
