The Combatant Status Review Tribunals (CSRT) were a set of
tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.
For example, an advocate who appears before a court with a single ...
s for confirming whether
detainee
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or t ...
s held by the United States at the
Guantanamo Bay detention camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
had been correctly designated as "
enemy combatant
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 ...
s". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of
Defense
Defense or defence may refer to:
Tactical, martial, and political acts or groups
* Defense (military), forces primarily intended for warfare
* Civil defense, the organizing of civilians to deal with emergencies or enemy attacks
* Defense industr ...
Paul Wolfowitz
Paul Dundes Wolfowitz (born December 22, 1943) is an American political scientist and diplomat who served as the 10th President of the World Bank, U.S. Deputy Secretary of Defense, U.S. Ambassador to Indonesia, and former dean of Johns Hopkins SA ...
after
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
rulings in ''
Hamdi v. Rumsfeld
''Hamdi v. Rumsfeld'', 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens m ...
''
and ''
Rasul v. Bush
''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corpus ...
'' and were coordinated through the
.
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 States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
found these tribunals to be unconstitutional in ''
Boumediene v. Bush
''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
''.
Existing U.S. and the Combat Status Review Tribunals
The CSRTs are not bound by the rules of evidence that would apply in court, and the government's evidence is presumed to be "genuine and accurate." The government is required to present all of its relevant evidence, including evidence that tends to negate the detainee's designation, to the tribunal. Unclassified summaries of relevant evidence may be provided to the detainee. The detainee's personal representative may view classified information and comment on it to the tribunal to aid in its determination but does not act as an advocate for the detainee. If the tribunal determines that the preponderance of the evidence is insufficient to support a continued designation as "
enemy combatant
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 ...
" and its recommendation is approved through the chain of command established for that purpose, the detainee will be informed of that decision upon finalization of transportation arrangements (or earlier, if the task force commander deems it appropriate). The rules do not give a timetable for informing detainees in the event that the tribunal has decided to retain their enemy combatant designations. Article 5 creates a particularized limited process, intended to sort individuals when any doubt exists as to their status. The sole question for determination is whether the captive meets the definition of POW in Article 4 of the Prisoner of War Convention.
Secretary of the Navy
Gordon R. England
Gordon Richard England (born September 15, 1937) is an American politician and businessman who was the U.S. Deputy Secretary of Defense and twice served as the U.S. Secretary of the Navy in the administration of U.S. President George W. Bush.
...
stated:
Thus, the tribunals themselves are modeled after the procedures—AR 190-8 Tribunals—the military uses to make determinations in compliance with the Article 5 of the
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 significantl ...
(that states "Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.")
This is most likely because, in ''
Hamdi v. Rumsfeld
''Hamdi v. Rumsfeld'', 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens m ...
'', a plurality of the Supreme Court suggested the Department of Defense empanel tribunals similar to the AR 190 to make factual status determinations. The mandate of the CSRTs and the AR 190-8 Tribunals differed in that AR 190-8 Tribunals were authorized to determine that captives were civilians, who should be released, and "
lawful combatant
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It ...
s", whom the Geneva Conventions protect from prosecution.
Conduct of Combatant Status Review Tribunals
![CSRT notice read to a Guantanamo captive](https://upload.wikimedia.org/wikipedia/commons/4/43/CSRT_notice_read_to_a_Guantanamo_captive.jpg)
The exact location of the current CSRT hearings is unknown, but prior CSRT hearings were held in trailers in Guantanamo Bay, Cuba. Images of the trailers, with the white, plastic chairs the detainees sat in shackled to the floor and the large, black leather chair behind a microphone where the President sat can be found on the DoD website.
Presiding officers
The identity of the presiding officers at CSRTs hearings is classified. In the CSRT transcripts released on the DoD website, that information has been removed from the transcripts. The ranks of those present, however, and their service branch remain in the documents. For example, at
Guleed Hassan Ahmed
Guled Hassan Duran ( so, Guuleed Xasan Duraan) is a citizen of Somalia who is held in extrajudicial detention in the United States Guantánamo Bay detainment camps in Cuba.
Guled Hassan Duran arrived at Guantanamo on September 6, 2006, and has ...
's CSRT in April 2007, the CSRT President was a Lieutenant Colonel from the U.S. Air Force. Other services present include the U.S. Marine Corps and the U.S. Army; the only other rank mentioned in the transcript was Gunnery Sergeant.
In other CSRTs, the ranks, services, and persons present varied. At certain CSRTs, a non-military language analyst was present.
Role of the CSRT Recorder
The CSRT Recorder had several tasks. First, he or she was charged with keeping a record of the CSRT process by recording the CSRT process. Second, the Recorder swore in all the CSRT participants by administering an oath. Third, the Recorder was also charged with presenting classified and unclassified material during the CSRTs. Fourth, the Recorder was often asked to explain or clarify facts or information during the CSRT. In Guleed Hassan Ahmed's CSRT transcript one finds the following exchange:
PRESIDENT: heribunal has completed its review of the unclassified evidence provided. We do have one question for the Recorder. Is Somalia, Ethiopia, and/or Kenya a coalition partner?
RECORDER: Somalia is not; Ethiopia is; and Kenya is, a coalition partner of the United States.
Role of the Detainee at CSRTs
Detainees had the option of attending their CSRTs, but attendance was not mandated. Some detainees protested the CSRTs by not attending, opting instead to send personal, written statements to be read before the CSRT in their absence. The reading of a detainee's written statement was the task of The Personal Representative, and this occurred, in one case, with Guleed Hassan Ahmed who did not attend his CSRT and instead sent a statement.
When detainees did attend, if required, a translator was typically present to assist the detainee and tribunal members.
National Public Radio
National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other n ...
A Government Lawyer's Take on Gitmo
November 1, 2007 They are given a copy of the unclassified summary of information, and aided by a "Personal Representative".
Presence of observers at CSRTs
The question of the presence of outside, neutral observers at the CSRTs is debated.
Murat Kurnaz, an example
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 Guantana ...
is a young Turkish citizen who was born in, and had grown up, in Germany. When captured, he was close to being granted German citizenship, which children of
guest workers
Foreign workers or guest workers are people who work in a country other than one of which they are a citizen. Some foreign workers use a guest worker program in a country with more preferred job prospects than in their home country. Guest worke ...
are required to apply for in a separate process when they come of age. While on a trip to Pakistan in the fall of 2001, he was taken off a tourist bus and detained, then transferred to United States custody. When his case was reviewed by a
CSRT
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 estab ...
in the fall of 2004, the tribunal's determined there was enough evidence that Kurnaz had ties to terrorism to classify and hold him as an
enemy combatant
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 ...
.
Through a bureaucratic slip-up, Kurnaz's file was declassified. During the brief window when it was declassified in March 2005, ''
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 nati ...
'' reviewed all the evidence against him and published a summary.
Joyce Hens Green
Joyce Hens Green (born November 13, 1928) is a Senior United States district judge of the United States District Court for the District of Columbia. Green was nominated by President Jimmy Carter on March 6, 1979, to a seat vacated by Howard F. C ...
, a US District Court judge for the District of Columbia, was assigned in 2004 to coordinate the nearly 60 ''
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' cases filed following the US Supreme Court's decision in ''
Rasul v. Bush
''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corpus ...
'' (2004) that detainees had the right to due process and to ''habeas corpus'' challenges of their detention. Kurnaz' case was one which she reviewed, and she had the clearance to review both the classified and declassified materials.
Green found that Kurnaz' file contained some 100 pages of documents and reports explaining that German and American investigators could find no evidence whatsoever that Kurnaz had any ties to terrorism. Shortly before his tribunal an unsigned memo had been added to his file concluding he was an al Qaeda member. Green's comment on the memo was that it:
Green stated that Kurnaz' case was an "extreme example of illegal detention" at Guantanamo.
Eugene R. Fidell, a Washington-based expert in military law, said:
Critics
Principal arguments of why these tribunals are inadequate to warrant acceptance as "competent tribunal" are:
* The CSRT conducted rudimentary proceedings
* The CSRT afforded detainees few basic protections
* Many detainees lacked counsel
* The CSRT also informed detainees only of general charges against them, while the details on which the CSRT premised enemy combatant status decisions were classified.
* Detainees had no right to present witnesses or to cross-examine government witnesses.
Some specific cases that call attention to what critics assert is a flawed nature of the CSRT procedure:
Mustafa Ait Idir
Mustafa Ait Idir (sometimes written as Ait Idr) is an individual formerly held in the United States Guantanamo Bay detainment camps, in Cuba.
Ait Idir was born in Algeria, but moved to Bosnia, married a Bosnian woman, and became a Bosnian citize ...
,
Moazzam Begg
Moazzam Begg ( ur, ; born 5 July 1968 in Sparkhill, Birmingham) is a British Pakistani who was held in extrajudicial detention by the US government in the Bagram Theater Internment Facility and the Guantanamo Bay detainment camp, in Cuba, for ...
,
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 Guantana ...
,
Feroz Abbasi
Feroz Abbasi is one of nine British men who were held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. He was repatriated in 2005 and released by the British government the next day. He was released from det ...
, and
Martin Mubanga
Martin Mubanga is a joint citizen of both the United Kingdom and Zambia. He was held, without charge, and interrogated at the American prison at Guantanamo Bay for 33 months.
In 1995, he spent six months in Bosnia working for a charity.
In Jan ...
.
James Crisfield, the legal advisor to the Tribunals, offered his legal opinion, that CSRT
do not have the discretion to determine that a detainee should be classified as a prisoner of war -- only whether the detainee satisfies the definition of "enemy combatant
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 ...
"
Determining whether a captive should be classified as a prisoner of war is the purpose of a "competent tribunal".
On June 29, 2006, the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled that the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
should be applied, but only Article 3, which does not require a competent tribunal.
Hamdan v. Rumsfeld, Supreme Court Syllabus
, pg. 4, point 4.
Results
Specific Combatant Status Review Tribunal hearings have resulted in a variety of outcomes. Many detainees are still being detained, others have been released to return to their homeland, and still others have been classified and cleared for release but remain at Guantanamo Bay and in U.S. custody because their home countries cannot assure their safety.
According to the prior Secretary of the Navy Gordon England,
The basis of detaining captured enemy combatants is not to punish but, rather, to prevent them from continuing to fight against the United States and its coalition partners in the ongoing global war on terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international Counterterrorism, counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campa ...
ism. Detention of captured enemy combatants is both allowed and accepted under international law of armed conflict.
2007 Combatant Status Review Tribunals for 14 "high-value detainees"
In a surprise move President George W. Bush
George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
announced the transfer of 14 "high-value detainees" from clandestine CIA
The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...
custody to military custody in Guantanamo in the fall of 2006.
Prior to the transfer legal critics had repeatedly stated that the men in covert CIA custody could never be tried because they had been subjected to abusive interrogation techniques, which would invalidate any evidence that flowed from their interrogations. Nevertheless, Bush said the transfer would allow the men, most of whom were considered to be members of the inner circle of al Qaeda's senior leadership, to be tried at Guantanamo Bay using the CSRT procedures.
U.S. Judicial appeals
The Bush
Bush commonly refers to:
* Shrub, a small or medium woody plant
Bush, Bushes, or the bush may also refer to:
People
* Bush (surname), including any of several people with that name
**Bush family, a prominent American family that includes:
*** ...
Presidency asserted that the captives had no right to appeal and that they were outside the US judicial systems. Captives who had "next friend
In common law, a next friend (Law French ''prochein ami'') is a person who represents another person who is under age, or, because of disability or otherwise, is unable to maintain a suit on his or her own behalf and who does not have a legal gua ...
s" willing to initiate the ''habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' process filed appeals before US District Courts. ''Rasul v. Bush
''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corpus ...
'' (2004) was the first appeal to make its way to the Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. The court ruled that detainees had the right to challenge the basis of their detention, and that the government needed to distinguish between POWs, civilians, and enemy combatants.
To respond to the Court's ruling, the Bush administration established the Combatant Status Review Tribunals
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 estab ...
to review whether detainees were properly classified as enemy combatants and began reviews in 2004. It was not until they had determined if a detainee was an enemy combatant that they could proceed to trials by military commissions. In ''Hamdan v. Rumsfeld
''Hamdan v. Rumsfeld'', 548 U.S. 557 (2006), is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Mili ...
'' (2006), the Court ruled that the system of military commissions as established by the DoD was illegal and needed to be replaced by a system authorized by Congress. Through the Detainee Treatment Act of 2005
The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on 30 December 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions re ...
and the 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 ...
, in accordance with Bush administration goals, the United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
moved to limit, and then curtail the detainees' ability to file ''habeas corpus'' appeals.[ The Supreme Court ruled on the outstanding ''habeas corpus'' appeals in '']Al Odah v. United States
''Al Odah v. United States'' is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with ''Boumediene v. B ...
'' and ''Boumediene v. Bush
''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
'' (2008), discussed below.
The Military Commission Act provides a process by which captives can appeal the decisions of the Combatant Status Review Tribunal and whether it properly followed OARDEC's rules in reaching its determination.[ If and when captives are able to file these appeals, they would be heard before the ]U.S. Court of Appeals for the D.C. Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
. Emma Schwartz, in the '' U.S. News & World Report'', on August 30, 2007, reported that her sources told her: "...Up to one fourth of the department's own civil appellate staff has recently opted out of handling the government's cases against detainee appeals."[
Several amalgamated cases have been initiated in the DC Circuit Court.] There is controversy over whether the Appeal Court will have access to all of the evidence against the captives. As of May 2008, none of the cases have proceeded to the point when the judges would consider the merits of the case.
Witnesses requested by detainees
Detainees in extrajudicial
Extrajudicial punishment is a punishment for an alleged crime or offense which is carried out without legal process or supervision by a court or tribunal through a legal proceeding.
Politically motivated
Extrajudicial punishment is often a fe ...
detention in the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s in Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
were initially not provided with any mechanism with which to challenge the allegations that kept them detained. Lawyers who volunteered to represent the detainees challenged various aspects of the legal basis of the Bush and Obama administrations policy on detainees in the war on terror
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international Counterterrorism, counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campa ...
. As a result of Rasul v. Bush
''Rasul v. Bush'', 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of ''habeas corpus ...
, the US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of ...
ruled that detainees needed to be provided with a mechanism whereby they could challenge the laws that kept them in detention. In July 2004 the Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philipp ...
responded by instituting Combatant Status Review Tribunals. Detainees were allowed to request witnesses. The Presidents of the Tribunals had the authority to rule whether those witnesses would be "relevant." If the president ruled a witness relevant, the Tribunals officers were to undertake good faith efforts to find the witnesses.
Selected witness requests
Supreme Court 2008 ruling
On June 12, 2008 the Supreme Court ruled in the case ''Boumediene v. Bush
''Boumediene v. Bush'', 553 U.S. 723 (2008), was a writ of ''habeas corpus'' submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by ...
'', 5–4, that Guantanamo captives were entitled to access the US justice system.
Justice Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
wrote in the majority opinion:
The Court also ruled that the Combatant Status Review Tribunals were "inadequate". Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
, Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and repl ...
, David Souter
David Hackett Souter ( ; born September 17, 1939) is an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat t ...
and John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
joined Kennedy in the majority.
Chief Justice John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''Nati ...
, in the dissenting opinion, called the CSR Tribunals:
Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has served ...
, Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...
and Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
joined Roberts in the dissent.
Vincent Warren, executive director of the Center for Constitutional Rights
The Center for Constitutional Rights[The Center for Constitutional Rights](_blank)
(CCR) is a 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 revi ...
* Ex parte Quirin
* Extraordinary rendition
Extraordinary rendition is a euphemism for state-sponsored Kidnapping, forcible abduction in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had t ...
* Charles Swift
Charles D. Swift (born 1961) is an American attorney and former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps. He is most noted for having served as defense counsel for Salim Ahmed Hamda ...
* Mohammed el Gharani
Mohammed el Gharani is a citizen of Chad and native of Saudi Arabia born in 1986, in Medina. He was one of the juveniles held at the Guantanamo Bay detention camp, juveniles held for seven years at the Guantanamo Bay detention camp where they esti ...
* No longer enemy combatant
Notes
External links
Q&A: Guantanamo Hearings
BBC #REDIRECT BBC #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...