Why detainee trials got snagged over a word
No one has designated those held at Guantánamo Bay 'unlawful' combatants. Does it matter?
from the June 6, 2007 edition
Page 4 of 4
Guantánamo chronology
November 2001: President Bush authorizes indefinite detention for non-US citizens, without legal protection of Geneva Convention.
January 2002: First prisoners arrive at Camp Delta, a terrorist detention camp at Guantánamo Bay, Cuba; by June, there are 536 detainees.
May 2003: The Defense Department says it will hold special military commissions to try detainees for special war crimes.
December 2003: David Hicks, an Australian who allied with the Taliban, is the first detainee to receive counsel from a US military lawyer.
June 2004: The Supreme Court rules that Guantánamo detainees may challenge their detention in a US court.
July 2004: The Defense Department authorizes special military tribunals to determine if each detainee is an 'enemy combatant.'
November 2004: A federal judge rules that the military commission process set up to try Salim Hamdan, accused of being Osama bin Laden's driver, is illegal.
November 2005: After a government appeal and a ruling in federal appeals court, the Supreme Court agrees to hear the Hamdan case.
June 2006: The Supreme Court rules that the president overstepped his authority in creating military commissions; the administration and Congress respond by writing the Military Commissions Act (MCA),
October 2006: Bush signs the MCA, authorizing military trials.
June 2007: Military judges dismiss charges against Hamdan and Omar Khadr, accused of killing a US serviceman and detained at age 15. The judges state that the MCA draws a distinction between 'unlawful' and 'lawful' enemy combatants; only unlawful combatants can be tried by a military commission.
Sources: National Institute of Military Justice, news reports – Compiled by Leigh Montgomery|
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