Combatant Status Review
The Bush administration asserted that:
- the protections of the Geneva Conventions did not extend to captured prisoners who are not members of the regular Afghan armed force nor meet the criteria for prisoner of war for voluntary forces.
Critics argued the Conventions obliged the U.S. to conduct competent tribunals to determine the status of prisoners. Subsequently, the U.S. Department of Defense instituted Combatant Status Review Tribunals (CSRTs), to determine whether detainees met the new definition of an "enemy combatant".
"Enemy combatant" was defined by the U.S. Department of Defense as:
- an individual who was part of, or supporting, the Taliban, or al-Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners. This includes any person who commits a belligerent act or has directly supported hostilities in aid of enemy armed forces.
The CSRTs are not bound by the rules of evidence that would normally apply in civilian court, and the government’s evidence is presumed to be “genuine and accurate.” From July 2004 through March 2005, CSRTs were convened to determine whether each prisoner had been correctly classified as an "enemy combatant".
Riduan Isamuddin was among the 60% of prisoners who chose to participate in tribunal hearings. A Summary of Evidence memo was prepared for the tribunal of each detainee, listing the allegations that supported their detention as an "enemy combatant".
Riduan Isamuddin's memo accused him of the following:
The Department of Defense announced on August 9, 2007 that all fourteen of the "high-value detainees" who had been transferred to Guantanamo from the CIA's black sites, had been officially classified as "enemy combatants". Although judges Peter Brownback and Keith J. Allred had ruled two months earlier that only "illegal enemy combatants" could face military commissions, the Department of Defense waived the qualifier and said that all fourteen men could now face charges before Guantanamo military commissions.
Read more about this topic: Riduan Isamuddin
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