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Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals (WP). The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.
The released prisoners are called "No longer enemy combatants" (WP); the Tribunals are thus attempting to make the issues of illegal arrest and holding without trial disappear in plain sight.- ↑ 1.0 1.1 Guantánamo Prisoners Getting Their Day, but Hardly in Court, Wikipedia:Wikipedia:New York Times, Wikipedia:Wikipedia:November 11 Wikipedia:Wikipedia:2004 - mirror
- ↑ 2.0 2.1 Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Wikipedia:Wikipedia:Financial Times, Wikipedia:Wikipedia:December 11 Wikipedia:Wikipedia:2004
- ↑ 3.0 3.1 3.2 Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. Wikipedia:Wikipedia:United States Department of Defense. URL accessed on 2007-09-22.