Hamdan v Rumsfeld 2004


This is a case where a detenu in Guantanamo Bay challenged the fact that the United States holding him indefinitely.

Donald Rumsfeld was the Defence Secretary at the time

the military tribunals established by President Bush lack the power to proceed since they do not satisfy the criteria for a fair court. Their structures and procedures violate the Uniform Code of Military Justice. The Geneva Conventions are also breached thereby

The Detainee Treatment Act of 2005 proposed to prevent the Supreme Court having any oversight over Guantanamo Bay detenainees.

The President could not set up these tribunals without congressional authorisation

The Geneva Convention has been incorporated into the Uniform Code of Military Justice.

Hamdan was a bodyguard of Bin Laden. He was captured in Afghanistan. He moved the action.


About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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