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Originally the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[4]
They were not offered the protections afforded by criminal law either, leaving them in a legal limbo through years of detention. Critics argued that the USA could not evade its obligations, and to keep the Geneva Conventions at arms' length, the concept of competent tribunals was invented, tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
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, again to avoid the Geneva Conventions standards -- 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, further attempting to institutionalize a standard that stood against the consensus of international law.
This policy was challenged before the Judicial branch. In 2004 the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.
The released prisoners are arrogantly called "No longer enemy combatants" (WP); an attempt to make nunerous issues, including 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.
- ↑ "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2012-08-11. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.usatoday.com%2Fnews%2Fwashington%2F2007-10-11-guantanamo-combatants_N.htm&date=2012-08-11. "Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation." </li> </ol>