Basic Trial Protections Apply To Detainees

2006

The U.S. Supreme Court rules in Hamdan v. Rumsfeld that military tribunals set up by the Bush administration to try detainees at Guantanamo Bay, Cuba, are flawed because they were not expressly authorized by Congress and do not incorporate basic trial protections. The Court says a key clause of the Geneva Conventions applies to the detainees and is enforceable in federal court for their protection. The provision prohibits mistreatment of detainees and trials except by “a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized people.”