Quote:
Originally Posted by idahogie
Wrongo. How many times now?
The Geneva Conventions call for trials - similar in form to the civilian courts. That's why the SC ruled against the Bush Administration - the "trials" were unfair.
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Wrong, that is not what the Supreme Court ruled at all.
High Court Rejects Detainee Tribunals
Brushing aside administration pleas not to second-guess the commander in chief during wartime, a five-justice majority ruled that the commissions, which were outlined by Bush in a military order on Nov. 13, 2001, were neither authorized by federal law nor required by military necessity, and ran afoul of the Geneva Conventions.
The ruling shifts the spotlight to Congress
[i]"
n undertaking to try Hamdan and subject him to criminal punishment, the Executive is bound to comply with the Rule of Law that prevails in this jurisdiction," Justice John Paul Stevens wrote in the majority opinion.
In English: The US Supreme Court ruled
1) Bush did not have a legal authority to create a MILITARY order.
2) If Bush wanted that legal authority, Congress would have to give it to him.
3) Military trials were not "necessary"
4) The military order itself would violate the Geneva Convention. (not the punishment)
5) That the prisoners would face CRIMINAL prosecution under the jurisdiction of the USA, not international law.
They did not rule that the "trials were unfair"