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International Law Keyed to Damrosche
Hamdan v. Rumsfeld
Facts
Afghan forces captured Salim Ahmed Hamdan (P) and the U.S. military imprisoned him at Guantanamo Bay. He challenged his imprisonment by filing a petition for a writ of habeas corpus in the federal district court but before the court could rule on the petition, a U.S. military commission began proceeding and named Hamdan (P) an enemy combatant. Hamdan (P) challenged the authority of the commission on the ground that the commission trial would violate his rights under Article 102 of the Geneva Convention, which provides that a “prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power”.Hamdan’s habeas petition was granted by the district court’s, ruling that a hearing to determine whether he was a prisoner of war under the Geneva convention must be taken place before he could be tried by a military commission. This decision was reversed by the D.C. Circuit Courts of Appeal on the premise that the Geneva Convention could not be enforced in federal court and that the establishment of military tribunals had been authorized by Congress and was therefore not unconstitutional.
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