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Continuing Developments Involving Detentions at Guantanamo Bay
Published online by Cambridge University Press: 10 March 2017
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- Type
- Contemporary Practice of the United States Relating to International Law
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- Copyright © American Society of International Law 2008
References
1 See section above: Supreme Court Affirms Habeas Corpus for Guantánamo Detainees.
2 William, Glaberson Guantánamo Detention Camp Remains, but Not Its Legal Rationale , N.Y. Times, June 13, 2008, at A21Google Scholar; Dan, Eggen & John, White Debate over Guantanamo’sFate Intensifies , Wash. Post, July 4, 2008, at A1.Google Scholar
3 Parhat v. Gates, 532 F.3d 834 (D.C. Cir. June 20, 2008). The Detainee Treatment Act of 2005, Pub. L. No. 109–148, 119 Stat. 2680 (2005), gives the Court of Appeals for the D.C. Circuit exclusive jurisdiction to review CSRT determinations. See John, R. Crook Contemporary Practice of the United States, 100 AJIL 457 (2006).Google Scholar
4 William, Glaberson U.S. Court, in a First, Voids Finding by Tribunal , N.Y. Times, June 24, 2008, at A15Google Scholar; Josh, White & Del Quentin, Wilber Appeals Court Invalidates Detainee’s ‘Enemy’ Status , Wash. Post, June 24, 2008, at A14Google Scholar; William, Glaberson Evidence Faulted in Detainee Case , N.Y. Times, July 1, 2008, at A1Google Scholar; Del Quentin, Wilbur & Josh, White Judges Cite Need for Reliable Evidence to Hold Detainees , Wash. Post, July 1, 2008, at A3.Google Scholar
5 532 F.3d at 836. To avoid another possible remand, the court directed the government to “present to that Tribunal the best record of Parhat’s status as an enemy combatant that it is prepared to make.” Id. at 851.
6 Id. at 837–38; see Guantanamo Crumbles , Editorial, Wash. Post, July 7, 2007, at A12.Google Scholar
7 John, R. Crook Contemporary Practice of the United States, 100 AJIL 710 (2006).Google Scholar
8 The charges against Muhammed are at <http://www.defenselink.mil/news/May2008/d20080523mohammedsworn.pdf>.
9 Jane, Sutton Three Suspected Bomb-Makers Charged at Guantanamo , May 29, 2008, at <http://www.reut.ers.com/article/latestCrisis/idUSN29257134>>Google Scholar. The charge sheets detailing charges against the three are at <http://www.defenselink.mil/news/commissionspress.html>.
10 John, R. Crook Contemporary Practice of the United States, 102 AJIL 653, 656 (2008).Google Scholar
11 Detainee to Face Military Tribunal , Wash. Post, June 4, 2008, at A16Google Scholar. The charges against Mohamed are at <http://www.defenselink.mil/news/Mohamed%20-%20sworn0603.pdf>.
12 Raymond, Bonner British Judge Sets Hearing on Evidence for Detainee , N.Y. Times, June 6, 2008, at A18Google Scholar; Raymond, Bonner British Court Rejects U.S. Denial of Torture Claim , N.Y. Times, Aug. 22, 2008, at A6.Google Scholar
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14 The other defendants were Tawfiq Bin Attash, Ramzi Binalshibh, Ammar al-Bauchi, and Mustafa Ahmed al-Hawsawi. On the charges against the defendants, see U.S. Dep’t of Defense News Release No. 411–08, 9/11 Co-Conspirators Charges Referred (May 13, 2008), at <http://www.defenselink.mil/releases/release.aspx?releaseid=11921>>Google Scholar.
The transcript of Mohammed’s hearing before a CSRT is at <http://www.defenselink.mil/news/transcript_ISN10024.pdf>. See John, R. Crook Contemporary Practice of the United States, 102 AJIL 361 (2008).Google Scholar
15 Josh, White Justice System for Detainees Is Moving at a Crawl , Wash. Post, May 6, 2008, at A1Google Scholar; Josh, White Five Detainees Charged in Sept. 11 Attacks to Be Arraigned , Wash. Post, June 4, 2008, at A16Google Scholar; William, Glaberson Arraigned, 9/11 Defendants Talk of Martyrdom , N.Y. Times, June 6, 2008, at A1Google Scholar; Josh, White 9/11 Architect Tells Court He Hopes for Martyrdom , Wash. Post, June 6, 2008, at A1.Google Scholar
16 William, Glaberson Case Against 9/11 Detainee Is Dismissed , N.Y. Times, May 14, 2008, at A19Google Scholar; Josh, White & Julie, Tate Charges Against 9/11 Suspect Dropped , Wash. Post, May 14, 2008, at A4.Google Scholar
17 Bill, Dedman Gitmo Interrogations Spark Battle over Tactics , Oct. 23, 2006, at <http://www.msnbc.msn.com/id/1536l458/>>Google Scholar; Bill, Dedman Can the ‘20th Hijacker’of Sept. 11 Stand Trial? Oct. 26, 2006, at <http://www.msnbc.msn.com/id/15361462/>>Google Scholar.
18 Adam, Zagorin & Michael, Duffy Inside the Interrogation of Detainee 063 , June 12, 2005, at <http://www.time.com/time/magazine/article/0,9171,1071284,00.html>>Google Scholar. The interrogation log is at <http://www.time.com/time/2006/log/log.pdf>.
19 U.S. Dep’t of Defense Press Release No. 0375–08, Detainee Transfer Announced No. 0375–08 (May 2, 2008), at <http://www.defenselink.mil/releases/reIease.aspxJreleaseid=11893>..>Google Scholar
20 William, Glaberson Cameraman Is Release from Guantánamo , N.Y. Times, May 2, 2008, at A13Google Scholar;
21 U.S. Dep’t of Defense Press Release No. 561–08, Detainee Transfer Announced (July 2, 2008), at <http://www.defenselink.mil/releases/release.aspx?releaseid=12037>..>Google Scholar
22 U.S. May Sign Guantanamo Accord with Algeria: Agency , Feb. 27, 2008, at <http://www.reuters.com/article/topNews/idUSL2738352020080227>..>Google Scholar
23 Guantanamo Detainee Fights Transfer to Native Algeria, Citing Torture Fears , July 27, 2007, at <http://www.iht.com/articles/ap/2007/07/28/news/CB-GEN-Guantanamo-Algeria.php>..>Google Scholar
24 128 S.Ct. 17 (2007).
25 Belbacha v. Bush, 520 F.3d 452 (D.C. Cir. Mar. 14, 2008).