U.S. to Defend Use of Guantanamo War Tribunals

The Washington Times (Washington, DC), November 10, 2004 | Go to article overview

U.S. to Defend Use of Guantanamo War Tribunals


Byline: Guy Taylor, THE WASHINGTON TIMES

The Bush administration said it will vigorously defend its power to try al Qaeda suspects in specially designed war crimes tribunals at Guantanamo Bay, Cuba, after a federal court's decision to halt them.

A District of Columbia federal judge on Monday ruled that President Bush exceeded his authority in classifying suspects eligible for the tribunals, which would be the first of their kind held by the United States since World War II.

U.S. District Judge James Robertson, a 1994 Clinton-appointee, found that the tribunal system was being conducted unlawfully, outside the guidelines of U.S. military law and the Geneva Conventions.

The administration quickly decried the ruling, which came as the result of a lawsuit filed by Salim Ahmed Hamdan, a former chauffeur for Osama bin Laden. He is one of four suspected al Qaeda members charged so far in the system.

"We vigorously disagree with the court's decision, and will seek an emergency stay of the ruling and immediately appeal," Justice Department spokesman Mark Corallo said Monday.

"We believe the president properly determined that the Geneva Conventions have no legal applicability to members or affiliates of al Qaeda, a terrorist organization that is not a state and has not signed the Geneva Conventions."

Mr. Corallo said that by giving protected Geneva Conventions prisoner-of-war status to al Qaeda members, Judge Robertson "has put terrorism on the same legal footing as legitimate methods of waging war."

The White House designed and authorized the war crimes tribunals - formally called "military commissions" - after September 11 to try terror suspects classified as "enemy combatants" outside the bounds of traditional federal courts.

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U.S. to Defend Use of Guantanamo War Tribunals
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