From Wikipedia, the free encyclopedia
United States Law
The
Military Commissions Act of 2009
, which amended the
Military Commissions Act of 2006
, was passed to address concerns by the
United States Supreme Court
.
[1]
In
Boumediene v. Bush
(2008) the court had ruled that section 7 of the
Military Commissions Act of 2006
was unconstitutional in suspending the right of detainees to
habeas corpus
. The court ruled that
detainees
had the right to access US federal courts to challenge their detentions.
[2]
[3]
Formally, the amended act is Title XVIII of the
National Defense Authorization Act for Fiscal Year 2010
(
Pub. L.
Tooltip Public Law (United States)
111?84 (text)
(PDF)
,
H.R. 2647
, 123
Stat.
2190
, enacted
October 28, 2009
).
On December 3, 2009,
Carol Rosenberg
, of the
Miami Herald
, reported on a hearing before
Lieutenant Colonel
Nancy Paul
, the
Presiding Officer
of the Military Commission for
US v. Al Qosi.
She wrote that Paul was the first Presiding Officer to address the implications of the new act.
[4]
Paul ruled that the Prosecution could not use the new act to place additional charges against
Sudanese captive
Ibrahim al Qosi
.
The
Department of Defense
had released a 281-page set of procedures for conducting military commissions in accordance with the Military Commissions Act of 2009 on May 4, 2010. This was one day before the first new hearing in the case of the Canadian citizen
Omar Khadr
, who had been detained since 2002 at Guantanamo and was the last Western citizen held.
[5]
On May 24, 2010,
Steven Edwards
, writing for the
Vancouver Sun
, reported that the
Canwest News Service
had recently learned that there was internal controversy within the
Obama administration
over the new rules for conducting
Guantanamo military commissions
. According to Edwards, some Obama appointees had tried to get new rules that would have caused the Prosecution to abandon charging Guantanamo captives such as
Omar Khadr
with murder. Edwards wrote that the change would have triggered dropping charges against a third of the Guantanamo captives whom the Prosecution planned to charge with murder.
[5]
See also
[
edit
]
References
[
edit
]
- ^
Jaclyn Belczyk (October 9, 2009).
"House passes amendments to Military Commissions Act"
.
The Jurist
. Archived from
the original
on December 2, 2009.
- ^
BOUMEDIENE et al. v. BUSH, PRESIDENT OF THE UNITED STATES, et al.
, Cornell University Law School
, retrieved
December 23,
2009
- ^
BOUMEDIENE et al. v. BUSH, PRESIDENT OF THE UNITED STATES, et al.
, FindLaw For Legal Professionals
, retrieved
December 23,
2009
- ^
Carol Rosenberg
(December 3, 2009).
"Guantanamo judge won't expand Sudanese captive's war crimes case"
.
Miami Herald
. Archived from
the original
on December 5, 2009.
- ^
a
b
Steven Edwards
(May 24, 2010).
"Obama officials pushed, but failed, for new rules in Khadr tribunal"
.
Vancouver Sun
. Archived from
the original
on November 9, 2010
. Retrieved
May 25,
2010
.
The officials sought to strip a new commissions manual of a law-of-war murder definition that is central to Khadr's prosecution in the mortal wounding of Special Forces Sgt. First Class
Chris Speer
during a 2002 firefight in Afghanistan, insiders say. Omission of the segment could have also obliged prosecutors to trim or abandon "up to one-third" of its cases, according to one inside estimate.
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