Gitmo Trials Off, Now On Again
A special military appeals court is giving Guantanamo prosecutors a chance to prove that detainees are unlawful enemy combatants in a ruling that paves the way for war crimes trials.
Trial-level military panels had found detainees to be enemy combatants, but made no finding about whether they were “unlawful.” The panels had made their decisions before the Military Commissions Act of 2006 had added the “unlawful” requirement.
Judge Peter Brownback III had ruled in June that the problem required dismissal of charges against a Canadian detainee captured on the Afghanistan battlefield at age 15. The ruling derailed the entire detainee trial process, the New York Times reports.
In a victory for the Pentagon, the Court of Military Commission Review said prosecutors can present new evidence to the military commissions about the unlawful status of the combatants, the Washington Post reports.
The appeals court said Brownback had “abused his discretion in deciding this critical jurisdictional matter without first fully considering” the government’s evidence,” the Times reports.
