Guantanamo military commission - AbsoluteAstronomy.com

The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006

Military Commissions Act of 2006

The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...

for prosecuting detainees held in the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

Guantanamo Bay detainment camp

The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...

History

The American Bar Association

American Bar Association

The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

announced in 2002 during the Bush administration that: "In response to the unprecedented attacks of September 11

September 11, 2001 attacks

The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...

, on November 13, 2001, the President announced that certain non-citizens

Alien (law)

In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...

(of the USA) would be subject to detention and trial by military authorities. The order provides that non-citizens whom the President deems to be, or to have been, members of the al Qaeda organization or to have engaged in, aided or abetted, or conspired to commit acts of international terrorism that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

or its citizens, or to have knowingly harbored such individuals, are subject to detention by military authorities and trial before a military commission."

On September 28 and September 29, 2006, the US Senate and US House of Representatives, respectively, passed the Military Commissions Act of 2006

Military Commissions Act of 2006

, a controversial bill that allows the President to designate certain people with the status of "unlawful enemy combatants" thus making them subject to military commissions, where they have fewer civil rights

Civil rights

Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

than in regular trials.

On June 29, 2006, the Supreme Court

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

handed down its decision in the case "Hamdan v. Rumsfeld

Hamdan v. Rumsfeld

Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...

" Docket 05-194, with a 5-3 decision for Salim Ahmed Hamdan

Salim Ahmed Hamdan

Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, and imprisoned at Guantanamo Bay. He admits to being Osama bin Laden's personal driver claiming he needed the $200 monthly salary that came with the job....

, effectively declaring that trying Guantanamo Bay

Guantanamo Bay detainment camp

detainees under the Guantanamo military commission (known also as Military Tribunal

Military tribunal

A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...

) was illegal under US law, including the Geneva Conventions.

Quoting the opinion (Paragraph 4, page 4), "4. The military commission at issue lacks the power to proceed because its structure and procedures violate both the UCMJ (Uniform Code of Military Justice

Uniform Code of Military Justice

The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....

) and the four Geneva Conventions signed in 1949." Ultimately the Supreme Court ruled that President George W. Bush

George W. Bush

George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

does not have the sole authority to hold tribunals and is required to get authorization to do so from the United States Congress

United States Congress

The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

.

With the War Crimes Act

War Crimes Act of 1996

The War Crimes Act of 1996 was passed with overwhelming majorities by the United States Congress and signed into law by President Bill Clinton....

in mind, this ruling presented the Bush administration with the risk of criminal liability for war crimes. To address these legal problems, among other reasons, the Military Commissions Act

Military Commissions Act of 2006

was adopted.

Comparison with the American justice system

The United States has two parallel justice systems, with laws, statutes, precedents, rules of evidence, and paths for appeal. Under these justice systems prisoners have certain rights. They have a right to know the evidence against them; they have a right to protect themselves against self-incrimination; they have a right to legal counsel; they have a right to have the witnesses against them cross-examined.

The two parallel justice systems are the Judicial Branch

Judiciary

The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...

of the US Government

Federal government of the United States

The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...

, and a slightly streamlined justice system named the UCMJ (Uniform Code of Military Justice

Uniform Code of Military Justice

) for people under military jurisdiction. People undergoing a military court martial are entitled to the same basic rights as those in the civilian justice system.

The Guantanamo military trials do not operate according to either system of justice. The differences include:

Unlike civilian courts, only two-thirds of the jury needs to agree in order to convict someone under the military commission rules. This includes charges such as supporting terrorism, attempted murder, and murder.

The accused are not allowed access to all the evidence against them. The Presiding Officer
Presiding Officer (Guantanamo Military Commissions)
The United States of America has charged Guantanamo captives before "Military Commissions", each presided over by a Presiding Officer.The Presiding Officer were initially to serve as the first among equals on bodies were the commission members served the roles similar to both judge and jury.In the...

s are authorized to consider secret evidence the accused have no opportunity to refute.

It may be possible for the commission to consider evidence that was extracted through coercive interrogation techniques before the enactment of the Detainee Treatment Act. However, legally the commission is restricted from considering any evidence extracted by torture, as defined by the Department of Defense.
The proceedings may be closed at the discretion of the Presiding Officer, so that secret information may be discussed by the commission.
The accused are not permitted a free choice of attorneys, as they can only use military lawyers or those civilian attorneys eligible for the Secret security clearance
Security clearance
A security clearance is a status granted to individuals allowing them access to classified information, i.e., state secrets, or to restricted areas after completion of a thorough background check. The term "security clearance" is also sometimes used in private organizations that have a formal...

.
Because the accused are charged as unlawful combatant
Unlawful combatant
An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.The Geneva Conventions apply in wars...

s, former Secretary of Defense Donald Rumsfeld stated that an acquittal on all charges by the commission is no guarantee of a release.

Commission Cases

Name	Charges	Verdict	Dates
David Hicks David Hicks David Matthew Hicks is an Australian who was convicted by the United States of America Guantanamo Military Commission under the Military Commissions Act of 2006, on charges of providing material support for terrorism...	Providing material support for terrorism Providing material support for terrorism Providing material support for terrorism is a provision of the USA PATRIOT Act which prohibits material support to groups designated as terrorists. The four types of support described are “training,” “expert advice or assistance,” “service,” and “personnel.” In June 2010 the United States Supreme...	Found guilty, sentenced to seven years in prison (only served nine months of penalty, mostly in Australia, under terms of plea agreement)	Charged: February 3, 2007 Sentenced: March 30, 2007 Arrived in Australia: May 20, 2007 Released: December 29, 2007
Salim Hamdan	Conspiracy; providing material support for terrorism Providing material support for terrorism Providing material support for terrorism is a provision of the USA PATRIOT Act which prohibits material support to groups designated as terrorists. The four types of support described are “training,” “expert advice or assistance,” “service,” and “personnel.” In June 2010 the United States Supreme...	Acquitted on conspiracy charge; found guilty for providing material support and sentenced to five and a half years (66 months) in prison (credited for 61 months in detention)	Captured: November 24, 2001 Charged: May 10, 2007 Sentenced: August 7, 2008 Transferred to Yemen Yemen The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east.... : November 26, 2008 Released: December 27, 2008
Ali Hamza al-Bahlul Ali Hamza al-Bahlul Ali Hamza Ahmad Suliman al Bahlul has been held in the United States Guantanamo Bay detention camp since 2002...	conspiracy, solicitation to commit murder, and providing material support for terrorism	Sentenced to life imprisonment without parole	Charged: February 9, 2008 Sentenced: November 4, 2008
Ibrahim al Qosi			Captured: December 2001
Omar Khadr Omar Khadr Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...	Murder in violation of the law of war; attempted murder in violation of the law of war; conspiracy; providing material support for terrorism Providing material support for terrorism Providing material support for terrorism is a provision of the USA PATRIOT Act which prohibits material support to groups designated as terrorists. The four types of support described are “training,” “expert advice or assistance,” “service,” and “personnel.” In June 2010 the United States Supreme... ; spying		Charged: February 2, 2007
Sufyian Barhoumi Sufyian Barhoumi Sufyian Barhoumi is a citizen of Algeria, who is currently held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.The Department of Defense reports that he was born on 28 July 1973, in Algiers, Algeria....
Ghassan al-Shirbi
Jabran al-Qahtani
Benyam Mohammed Benyam Mohammed Binyam Ahmed Mohamed is an Ethiopian national, who was detained in Guantanamo Bay prison between 2004 and 2009....		All charges dropped
Abdul Zahir
Mohamed Jawad Mohamed Jawad Mohamed Jawad, born in Miranshah, Pakistan, was accused of attempted murder before a Guantanamo military commission on charges that he threw a grenade at a passing American convoy on December 17, 2002. Jawad's family says that he was 12 years old at the time of his detention in 2002...	Three counts of attempted murder; three counts of committing serious bodily harm	All charges withdrawn and dismissed.	Charged: October 11, 2007 Won his habeas corpus Habeas corpus is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations... : July 30, 2009. Charges withdrawn and dismissed: 31 July 2009.

Boycott of Military Commissions

In 2006, after charges were laid against a number of detainees a boycott

Boycott

A boycott is an act of voluntarily abstaining from using, buying, or dealing with a person, organization, or country as an expression of protest, usually for political reasons...

against the judicial hearings was declared by Ali al-Bahlul. The boycott gained momentum in 2008 when more detainees faced Guantanamo military commissions. Public confidence in the fairness of the trials reached all-time lows after the boycotts began.

The commission members

Initially the identity of the commission members were to be kept hidden, and the commission was to consist of a Presiding Officer (a lawyer), at least four other officers (between eight and eleven in capital cases), and one alternate.

The structure of the commission was radically revised in late 2004. The impartiality of five of the officers was challenged, and two of the officers were removed. All five officers of the commission have an equal vote, the Presiding Officer performs the additional role of administering the trial, much as a judge would in a civil trial.

Peter Brownback Peter Brownback Peter E. Brownback III is a retired military officer and lawyer.He was appointed to be a Presiding Officer on the Guantanamo military commissions, by retired general John D. Altenburg....	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... (retired)	President of the Commissions for David Hicks, Salim Hamdan The only lawyer on the commission. A long time friend of the appointing officer. Brownback was criticized for not being an active member of a state bar.
Christopher Bogdan	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... USAF United States Air Force The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...	Member of the Commissions for David Hicks, Salim Hamdan Only commission member who was not challenged.
R. Thomas Bright	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... USMC United States Marine Corps The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...	Member of the Commissions for David Hicks, Salim Hamdan Challenged because he assembled lists of detainees bound for Guantánamo and executed war plans in Afghanistan. Remains on the commission.
Curt S. Cooper	lieutenant colonel Lieutenant Colonel (United States) In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay... U.S. Army United States Army The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...	Member of the Commissions for David Hicks, Salim Hamdan Admitted referring to the Guantánamo detainees as "terrorists". Admitted being unfamiliar with the Geneva Conventions Geneva Conventions The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war... . Removed from the commission.
Jack K. Sparks Jr.	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... USMC United States Marine Corps The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...	Member of the Commissions for David Hicks, Salim Hamdan Membership was challenged because he lost a subordinate during the attacks of September 11, 2001. Remains on the commission.
Timothy K. Toomey	lieutenant colonel Lieutenant Colonel (United States) In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay... USAF United States Air Force The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...	Member of the Commissions for David Hicks, Salim Hamdan An intelligence officer who was involved in the capture of suspects in Afghanistan. Removed from the commission.
Ralph Kohlmann	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... USMC United States Marine Corps The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...	President of the Commissions for Binyam Ahmed Muhammad and Ghassan Abdullah Al-Sharbi

Legal advisors

There have been three individuals who have held the position of legal advisor to the civilian in charge of the Office of Military Commissions:
Brigadier General

Brigadier General

Brigadier general is a senior rank in the armed forces. It is the lowest ranking general officer in some countries, usually sitting between the ranks of colonel and major general. When appointed to a field command, a brigadier general is typically in command of a brigade consisting of around 4,000...

Thomas Hemingway

Brigadier General Thomas Hemingway is an American military lawyer who has served as a legal advisor to the Office of Military Commissions. Thomas Hemingway was a distinguished graduate of the Air Force ROTC program, was commissioned as a second lieutenant in November 1962 after earning his...

,
Brigadier General Thomas W. Hartmann

Thomas W. Hartmann

Thomas W. Hartmann is an American lawyer and officer in the United States Air Force Reserve. He has 32 years of criminal, commercial and civil litigation experience. Between 1983 and 1991 he was a prosecutor and defense counsel in the Air Force, including duties as Chief Air Force Prosecutor in...

and
Mr.

Mr.

Mister, usually written in its abbreviated form Mr or Mr. , is a commonly used English honorific for men under the rank of knighthood. The title derived from master, as the equivalent female titles, Mrs., Miss, and Ms, all derived from the archaic mistress...

Michael Chapman

Michael Chapman (lawyer)

Michael Chapman is an American lawyer, and former senior officer, in the United States Army's Judge Advocate General corps, who was appointed the legal adviser to the Office of Military Commissions, in Guantanamo on September 19, 2008....

The lawyers

John D. Altenburg John D. Altenburg Major General John D. Altenburg Jr. is a former Green Beret and a lawyer for the U.S. Army. In December 2003,...	Major General Major general (United States) In the United States Army, United States Marine Corps, and United States Air Force, major general is a two-star general-officer rank, with the pay grade of O-8. Major general ranks above brigadier general and below lieutenant general... (retired)	Appointing authority Will attend all the commissions Has the authority to shut down any commission, immediately, without warning or explanation.
Thomas Hemingway Thomas Hemingway Brigadier General Thomas Hemingway is an American military lawyer who has served as a legal advisor to the Office of Military Commissions. Thomas Hemingway was a distinguished graduate of the Air Force ROTC program, was commissioned as a second lieutenant in November 1962 after earning his...	Brigadier General Brigadier general (United States) A brigadier general in the United States Army, Air Force, and Marine Corps, is a one-star general officer, with the pay grade of O-7. Brigadier general ranks above a colonel and below major general. Brigadier general is equivalent to the rank of rear admiral in the other uniformed...	Legal advisor to the Office of Military Commissions
Peter Brownback Peter Brownback Peter E. Brownback III is a retired military officer and lawyer.He was appointed to be a Presiding Officer on the Guantanamo military commissions, by retired general John D. Altenburg....	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... (retired)	Commission President (see above)
Ralph Kohlmann	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... USMC United States Marine Corps The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...	Commission President (see above)
Fred Borch Fred Borch Colonel Frederic L. Borch is a former military attorney who served as Chief Prosecutor of the Guantanamo military commissions before he was replaced by Robert L. Swann after it was alleged that Borch was trying to corrupt the commissions.-Background:...	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...	Chief Prosecutor Leaked memos surfaced that claimed he had bragged about corrupting the fairness of the proceedings. Reported to have claimed the Commission officers were chosen because they could be trusted to convict Reported to have claimed that all the evidence of the suspect's innocence would be classified top-secret, so the defense never learned of it. Resigned his commission.
Robert L. Swann Robert L. Swann (military lawyer) Robert L. Swann is an American lawyer and retired Army colonel. He is currently the lead prosecutor on the cases of Khalid Sheik Muhammed and Mr...	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...	Chief Prosecutor following Fred Borch. Requested two of the commission officers be removed because they would be biased in favor of conviction.
Dwight H. Sullivan Dwight H. Sullivan Dwight H. Sullivan is a military officer and lawyer. From 2005 to 2007, he served as the Chief Defense Counsel for the Office of Military Commissions. In 2007, he became a civilian lawyer working for the Air Force doing death penalty defense appellate work. Sullivan is a colonel in the United...	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... USMC United States Marine Corps The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States... Reserve	Appointed to be chief defense counsel Called up from civilian life for this service Worked for the Maryland Maryland Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east... office of the American Civil Liberties Union American Civil Liberties Union The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and... in civilian life.
Muneer Ahmad Muneer Ahmad Muneer Ahmad a professor of law at the Yale Law School. He is a specialist in international human rights and immigration law.He is known for his work as co-counsel for Omar Khadr, a Canadian that is detained at the Guantanamo Bay detainment camp....	civilian	Defending Omar Khadr Omar Khadr Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,... Professor of law Pro bono Pro bono Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms... service Described great difficulties put in his path by military authorities.
Robert Chester Robert Chester Robert Chester is a military officer and lawyer. Chester is a Colonel in the United States Marine Corps.Chester has recently been appointed to serve as President of the Guantanamo military commission faced by Omar Khadr....	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...	Prosecuting Omar Khadr Omar Khadr Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...
John Carr	Captain	Appointed to serve as a Prosecutor Requested transfer because the proceeding seemed unjust. Promoted after transfer
Morris Davis Morris Davis Colonel Morris D. Davis is a United States Air Force officer and lawyer, was appointed to serve as the third Chief Prosecutor in the Guantanamo military commissions....	Colonel Colonel (United States) In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general... U.S. Air Force	Prosecutor for Omar Khadr Omar Khadr Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...
Thomas Fleener Thomas Fleener Thomas Fleener is a military officer and lawyer. Fleener, a major in the United States Army Reserve, has been appointed to serve as a defense lawyer in the Guantanamo military commissions. He has been appointed to serve as the defense lawyer for Ali Hamza Ahmed Sulayman al Bahlul.In his civilian...	major Major (United States) In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel... Army Reserve	Appointed to defend Ali Hamza Ahmed Sulayman al Bahlul Bahlul has consistently insisted on his right to defend himself.
William C. Kuebler William C. Kuebler William "Bill" C. Kuebler is an American lawyer and a Lieutenant Commander in the United States Navy Judge Advocate General's Corps, assigned to the Office of Military Commissions.Prior to the decision of the United States Supreme Court in Hamdan v...	Lieutenant Commander Lieutenant Commander Lieutenant Commander is a commissioned officer rank in many navies. The rank is superior to a lieutenant and subordinate to a commander... U.S. Navy	Appointed to defend Ghassan Abdullah Al Sharbi Al Sharbi insisted on his right to defend himself.
John Merriam	Captain U.S. Army	Appointed to defend Omar Khadr Omar Khadr Omar Ahmed Khadr is a Canadian child soldier and one of the juveniles held at the Guantanamo Bay detention camp. He was convicted of five charges under the United States Military Commissions Act of 2009 including murder in violation of the law of war and providing material support for terrorism,...
Michael Mori Michael Mori Michael Dante Mori is a lieutenant colonel in the United States Marine Corps. Mori was the military lawyer for Australian Guantanamo Bay detainee David Hicks.-History:...	major Major (United States) In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel... USMC United States Marine Corps The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States... Reserve	Appointed to defend David Matthew Hicks
Robert Preston	major Major (United States) In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel...	Appointed to serve as a Prosecutor Requested transfer because the proceeding seemed unjust. Promoted after transfer
Robert D. Rachlin Robert D. Rachlin Robert D. Rachlin is a Vermont, U.S. lawyer. He is a partner in Downs Rachlin Martin PLLC, the state's largest law firm, practicing in the firm's Burlington, Vermont office.Rachlin spent most of his legal career handling cases for business clients....	civilian	Volunteered to defend Ghassan Abdullah al Sharbi
Sharon Shaffer	—	Appointed to defend Ibrahim Ahmed Mahmoud al Qosi Ibrahim Ahmed Mahmoud al Qosi -Habeas petition:A petition of habeas corpus was filed on Al Qosi's behalf.Over two hundred captives had habeas corpus petitions filed on their behalf before the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 closed off the captives' access to the US civilian justice...
Philip Sundel	—	Appointed to defend Ali Hamza Ahmed Sulayman al Bahlul Bahlul has consistently insisted on his right to defend himself.
Charles Swift Charles Swift Charles D. Swift is a former Lieutenant Commander in the U.S. Navy, Judge Advocate General's Corps and Visiting Associate Professor of Law at Emory University School of Law. During the course of his Navy career, he was assigned to the Department of Defense Office of Military Commissions. He is...	Lieutenant Commander	Appointed to serve as Salim Ahmed Hamdan Salim Ahmed Hamdan Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, and imprisoned at Guantanamo Bay. He admits to being Osama bin Laden's personal driver claiming he needed the $200 monthly salary that came with the job.... 's defense counsel
Carrie Wolf	Captain USAF United States Air Force The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...	Appointed to serve as a Prosecutor Requested transfer because the proceeding seemed unjust. Promoted after transfer

Security precautions

On January 2, 2008 Toronto Star
Toronto Star
The Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...

reporter Michelle Shephard

Michelle Shephard

Michelle Shephard is an investigative reporter with the Toronto Star newspaper in Canada. She has been awarded the Michener Award for public service journalism and twice won Canada's top newspaper prize, the National Newspaper Award. In 2011, she was an associate producer on an Oscar-nominated...

offered an account of the security precautions reporters go through before they can attend the hearings:

Reporters were only allowed to bring in one pen;
Female reporters were frisked if they wore underwire bra
Underwire bra
An underwire bra is a brassiere with a wire built into the underside of the cup intended to lift, separate, shape, and provide additional support for a woman's breasts...

s;
Reporters were not allowed to bring in their traditional coil-ring notepads;
The bus bringing reporters to the hearing room is checked for explosives before it leaves;
200 metres from the hearing room reporters dismount, pass through metal detectors, and are sniffed by chemical detectors for signs of exposure to explosives;
Only eight reporters are allowed into the hearing room—the remainder watch over closed circuit TV;

Suspension and possible revival

On January 22, 2009, new US President Barack Obama

Barack Obama

Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

, who had said during his 2008 campaign that he would reject the Military Commissions Act if elected, issued an executive order instructing the Secretary of Defense to immediately take steps sufficient to ensure that no new charges are sworn, or referred to a military commission under the Military Commissions Act of 2006

Military Commissions Act of 2006

and the Rules for Military Commissions, and that all proceedings of such military commissions to which charges have been referred but in which no judgment has been rendered, and all proceedings pending in the United States Court of Military Commission Review, are halted.

On January 29, 2009 the order was overturned. Guantanamo military commission judge, Army Colonel James Pohl, ruled against the order in the case of Abd al-Rahim al-Nashiri

Abd al-Rahim al-Nashiri

Abd al-Rahim al-Nashiri is a Saudi Arabian citizen alleged to be the mastermind of the USS Cole bombing and other terrorist attacks, he allegedly headed al-Qaeda operations in the Persian Gulf and the Gulf states prior to his capture in November 2002 by the CIA's Special Activities Division.The...

. Abd al-Rahim al-Nashiri is one of three Guantanamo Bay inmates known to have been subjected to enhanced interrogation techniques.

In May 2009, The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...

reported that the Obama administration is considering the tribunals as an alternative to trying detainees in the regular court system.

Costs

According to Hindustan Times
Hindustan Times
Hindustan Times is an Indian English-language daily newspaper founded in 1924 with roots in the Indian independence movement of the period ....

the electronic equipment that was installed in courtroom number 2 cost $4 million USD

United States dollar

The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....

External links

Official Site
Amnesty International
John D. Altenburg
John D. Altenburg
Major General John D. Altenburg Jr. is a former Green Beret and a lawyer for the U.S. Army. In December 2003,...

, Defense Department Briefing on Military Commission Hearings, Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...

, August 17, 2004
Military Tribunals: Historical Patterns and Lessons, CRS Report for Congress July 9, 2004
James Meek
James Meek
James Meek was Minister of Cambuslang from 1774 until his death. He was Moderator of the General Assembly of the Church of Scotland in 1795, but is most remembered as the model Enlightenment cleric who wrote the entry for Cambuslang in the First Statistical Account of Scotland.-Biography :James...

, US fires Guantánamo defence team, The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...

, December 3, 2003
American Bar Association Task Force on Terrorism and the Law Report and Recommendations on Military Commissions: January 4, 2002(PDF)
At Gitmo, still no day in court: How feds avoid hearings for terror suspects — despite Supreme Court ruling, Newsday
Newsday
Newsday is a daily American newspaper that primarily serves Nassau and Suffolk counties and the New York City borough of Queens on Long Island, although it is sold throughout the New York metropolitan area...

, June 15, 2005
Leaked emails claim Guantánamo trials rigged Australian Broadcasting Corporation
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...

August 1, 2005*Leaked emails claim Guantánamo trials rigged Australian Broadcasting Corporation
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...

August 1, 2005
UK resident released from Guantanamo, Breaking Legal news, April 1, 2007
Rules Are Strict for Journalists Covering Gitmo
Human Rights First; Undue Process: An Examination of Detention and Trials of Bagram Detainees in Afghanistan in April 2009 (2009)
Human Rights First; Arbitrary Justice: Trial of Guantánamo and Bagram Detainees in Afghanistan (2008)
Human Rights First: In Pursuit of Justice; Prosecuting Terrorism Cases in the Federal Courts (2009)
Mix and Match at the Guantanamo Military Commissions

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History

Comparison with the American justice system

Commission Cases

Boycott of Military Commissions

The commission members

Legal advisors

The lawyers

Security precautions

Suspension and possible revival

Costs

See also

External links