Salim Ahmed Hamdan petitions for a writ of habeas corpus, challenging the lawfulness of the Secretary of Defense's plan to try him for alleged war crimes before a military commission convened under special orders issued by the President of the United States, rather than before a court-martial convened under the Uniform Code of Military Justice. The government moves to dismiss. Because Hamdan has not been determined by a competent tribunal to be an offender triable under the law of war, 10 U.S.C. Â§ 821, and because in any event the procedures established for the Military Commission by the President's order are "contrary to or inconsistent" with those applicable to courts-martial, 10 U.S.C. Â§ 836, Hamdan's petition will be granted in part. The government's motion will be denied.Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.
Ruling on lawfulness of Guantanamo proceedings [US DC]
Salim Ahmed Hamden v. Donald H. Rumsfeld, United States District Court of the District of Columbia, Judge James Robertson, November 8, 2004. Excerpt:
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