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Keywords

trialhabeas corpuspiracy
piracy

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Hamdan v. Rumsfeld, 548 U.S. 557, 126 S.Ct. 2749, 165 L.Ed.2d 723, 74 USLW 4579, 06 Cal. Daily Op. Serv. 5677, 2006 Daily Journal D.A.R. 8443, 19 Fla. L. Weekly Fed. S 452

Facts

Salim Ahmed Hamdan, a Yemeni national, was captured during hostilities in Afghanistan and detained at Guantanamo Bay. In 2004, he was charged with conspiracy to commit offenses triable by military commission. Hamdan filed petitions for habeas corpus, arguing that the military commission lacked authority to try him for conspiracy, which he claimed was not a violation of the law of war, and that the procedures violated basic legal tenets.

Salim Ahmed Hamdan, a Yemeni national, was captured during hostilities in Afghanistan and detained at Guantanamo Bay. In 2004, he was charged with conspiracy to commit offenses triable by military commission.

Issue

Did the military commission convened to try Hamdan have the authority to proceed under the UCMJ and the Geneva Conventions?

Did the military commission convened to try Hamdan have the authority to proceed under the UCMJ and the Geneva Conventions?

Rule

The military commission must be authorized by congressional act and comply with the UCMJ and the Geneva Conventions, which provide certain protections to detainees.

The military commission must be authorized by congressional act and comply with the UCMJ and the Geneva Conventions, which provide certain protections to detainees.

Analysis

The Court analyzed the structure and procedures of the military commission and found that they violated both the UCMJ and the Geneva Conventions. The commission lacked the authority to try Hamdan for conspiracy, as this charge was not recognized as a violation of the law of war. Furthermore, the procedures adopted for the trial did not afford Hamdan the basic rights to see and hear the evidence against him.

The Court analyzed the structure and procedures of the military commission and found that they violated both the UCMJ and the Geneva Conventions.

Conclusion

The Supreme Court reversed the decision of the D.C. Circuit and remanded the case, concluding that the military commission lacked the power to proceed due to its violations of the UCMJ and the Geneva Conventions.

The Supreme Court reversed the decision of the D.C. Circuit and remanded the case, concluding that the military commission lacked the power to proceed due to its violations of the UCMJ and the Geneva Conventions.

Who won?

Salim Ahmed Hamdan prevailed in the case because the Supreme Court found that the military commission lacked the authority to try him and that its procedures violated fundamental legal protections.

Salim Ahmed Hamdan prevailed in the case because the Supreme Court found that the military commission lacked the authority to try him and that its procedures violated fundamental legal protections.

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