Guantanamo 'legitimised'(at last)

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It took a couple of years until common sense prevailed, but these are the kind of values that we need.
They make 'us' better than 'them' and no dumb politician should ever be able to undermine them.

If we lose these principles then the only winners are the clueless in the Whitehouse, and the scumbags in Iraq.

"The Supreme Court has basically ruled that suspected terrorists or "enemy combatants", whether American or foreign, should at least have the right to a hearing in a US court, even if they're held at the detention centre at Guantanamo Bay."


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Legal setback for war on terror


By Nick Childs
BBC Pentagon correspondent



About 600 detainees are being held in Guantanamo Bay
The Bush administration's detention policies have been perhaps the most enduringly controversial aspect of its global war on terrorism.

Now, these Supreme Court rulings are perhaps the most significant legal setback for the administration in the conflict.

Officially, the administration is taking its time to assess the rulings. But they certainly represent a political blow for the administration.

What they mean for the actual fate of the detainees isn't clear. That will depend on how the courts proceed from here.

The Supreme Court's decisions are not a comment on the guilt or innocence of the detainees.

But they're certainly going to open the floodgates for legal appeals. And for that reason their overall legal and political impact may also still have to be judged.

The Supreme Court has basically ruled that suspected terrorists or "enemy combatants", whether American or foreign, should at least have the right to a hearing in a US court, even if they're held at the detention centre at Guantanamo Bay.

The administration had contended is not sovereign US soil, and therefore not within the jurisdiction of US courts.

Wartime limits

The American Civil Liberties Union called the rulings historic.

The first response from the US Department of Justice was that the Supreme Court had upheld the authority of the President to detain enemy combatants, including American citizens.

"This authority is crucial in times of war whether the enemy combatants are individuals who join our enemies on the battlefield to fight against America and its allies, or whether they are individuals who infiltrate our border to commit hostile and war-like acts against our nation," a Justice Department spokesman said.

But the court appeared to put restraints on that authority in time of war in a way which surprised some observers.

Traditionally, the Supreme Court has been reluctant to take such action.

As one of the justices, Sandra Day O'Connor, put it, they're a reminder that "a state of war is not a blank cheque for the president".

And, simply because of their timing, the Supreme Court rulings add to the impression of the Bush administration on the legal defensive.

The cases may not be related, but it has beaten a retreat at the United Nations on the issue of legal immunities for US troops serving abroad.

And its overall approach to the treatment of detainees is under a political microscope following the Abu Ghraib prisoner abuse scandal.


http://news.bbc.co.uk/1/hi/world/americas/3848733.stm
 

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It looks like the official line will be that they are POW's.

But you can't try POW's in a military kangaroo court, you can only detain them until the end of the conflict.

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Head-to-head: Is the US breaking the law?

The US continues to hold some 640 detainees at a military base at Guantanamo Bay Cuba.
Critics say that the detainees are being denied due process and that the US is breaking not only international law but is acting in ways that violate its own Constitution.

Further, they argue that if 640 Americans were held in such a manner, the American public would be outraged and be calling for swift military action.

Pentagon officials say that the detainees are not at Guantanamo Bay for criminal punishment, but as enemy combatants in an ongoing war, and US officials argue that the detainees are being treated in a manner consistent with prisoners of war in past conflicts.

Here, commentators on either side of the divide give their views on the legality and morality of the detentions:


http://news.bbc.co.uk/1/hi/world/americas/3548399.stm
 

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