US Guantanamo tribunals ‘illegal’

BBC

The US Supreme Court has ruled that the Bush administration does not have the authority to try terrorism suspects by military tribunal.

In a landmark decision, justices upheld the challenge by Osama Bin Laden’s ex-driver to his trial at Guantanamo.

The court’s ruling that the proceedings violated Geneva Conventions is seen as a major blow to the administration.

President George W Bush said he would respect the decision but also protect the American people from “killers”.

The Cuba-based facility currently holds about 460 inmates, mostly without charge, whom the US suspects of links to al-Qaeda or the Taleban.

Profound implications

Saddam Hussein’s ex-driver, Salim Ahmed Hamdan, is one of 10 Guantanamo inmates facing a military tribunal.

He launched the proceedings demanding to be tried by a civilian tribunal or court martial, where the prosecution would face more obstacles.

In its ruling, the court said: “We conclude that the military commission convened to try Hamdan lacks power to proceed because its structure and procedures violate” agreements on prisoners of war, as well as US military rules.

The ruling does not demand the release of prisoners held at Guantanamo but gives the administration an opportunity to come up with another way of trying those held.

The BBC’s Nick Miles in Washington says the implications of the decision are profound, as the tribunals already in place will now be ended and 60 others planned will not go ahead.

Five of the nine justices of the US Supreme Court supported the ruling. Three voted against.

Chief Justice John Roberts did not vote because he had judged the case at an earlier stage before joining the Supreme Court.

One of the dissenters, Justice Clarence Thomas, took the unusual step of reading part of his opinion from the bench, saying the decision would “sorely hamper the president’s ability to confront and defeat a new and deadly enemy”.

President Bush said he would “look seriously” at the case, adding: “As I understand it the ruling won’t cause killers to be put out on the street.”

Mr Hamdan had success in his first legal outing, in the US District Court in Washington, which ruled that he could not face a military trial unless he had previously been found not to be a prisoner of war under the Geneva Convention.

He claims POW status, but like all camp prisoners, he is denied this and is instead designated an “unlawful combatant” by the Bush administration.

However, an appeal court reversed this decision and said Mr Bush had the authority to order the trials.