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Thursday, June 29, 2006 

Are Dudya and Rummy War Criminals? The SCOTUS Ruling

The US Supreme Court ruled that the so-called "Guantanamo Bay military commission" failed to meet the requirements of the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions.
The Supreme Court ruled on Thursday that Congress did not take away the Court's authority to rule on the military commissions' validity, and then went ahead to rule that President Bush did not have authority to set up the tribunals at Guantanamo Bay, Cuba, and found the commissions illegal under both military justice law and the Geneva Convention. In addition, the Court concluded that the commissions were not authorized when Congress enacted the post-9/1l resolution authorizing a response to the terrorist attacks, and were not authorized by last year's Detainee Treatment Act. The vote against the commissions and on the Court's jurisdiction was 5-3, with the Chief Justice not taking part.
Marty Lederman of SCOTUSblog stated that the Court held that Common Article 3 of Geneva aplies as a matter of treaty obligation to the conflict against Al Qaeda. In other words:
This almost certainly means that the CIA's interrogation regime is unlawful, and indeed, that many techniques the Administation has been using, such as waterboarding and hypothermia (and others) violate the War Crimes Act (because violations of Common Article 3 are deemed war crimes).
Can we begin the impeachment of our war criminals NOW!!!!

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