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Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees is the full title of a United States Department of Defense document usually referred to as AR 190-8, that lays out how the United States military should treat captives.[1]
This document is notable as the Supreme Court of the United States advised the Department of Defense, in its ruling on Rasul v. Bush, that the Tribunals the DoD convened to review the status of the Guantánamo captives should be modeled after the Tribunals described in AR-190-8.
The authority of AR 190-8 Tribunals
As a signatory to the Geneva Conventions the United States is obliged to convene a "competent tribunal" to determine the status of any captive "should any doubt arise" as to their proper status.[2]
The Third Geneva Convention states that all captives must be accorded the protections of POW status until a competent tribunal convenes, and determines the captive does not qualify as a "lawful combatant"..[1]
- AR-190-8 Tribunals are authorized to confirm that a captive is a lawful combatant, after all, who should continue to be detained, as a Prisoner of War, until hostilities cease.
- AR-190-8 Tribunals are authorized to determine that a captive is an innocent civilian, who should be immediately released.
- AR-190-8 Tribunals are authorized to confirm that a captive is combatant who acted in a way that they should be stripped of the protections of Prisoner of War status. According to the Geneva Conventions, only captives who have been stripped of POW status, by a competent tribunal, can face charges for any actions they committed on the battlefield.
Structure of AR-190-8 Tribunals and Combatant Status Review Tribunals compared
AR-190-8 Tribunal | Combatant Status Review Tribunal |
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June 4 2007 dismissal of charges against Guantánamo captives
On June 4 2007 Colonel Peter Brownback and Naval Captain Keith J. Allred dismissed all charges against Guantanamo captives Omar Khadr and Salim Ahmed Hamdan, on jurisdictional grounds.[3][4] They ruled that the Military Commissions Act of 2006 had only authorized the Guantanamo military commissions to charge captives who were classified as "illegal enemy combatants", and since Khadr and Hamdan's Combatant Status Review Tribunals had only made the determination that they were "enemy combatants", their military commissions lacked the jurisdiction to hear the charges.
See also
References
- ↑ 1.0 1.1 Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees. United States Department of Defense (1997-10-01). Retrieved on 2007-06-08.
- ↑ Human Rights First Analyzes DOD's Combatant Status Review Tribunals. Human Rights First. Retrieved on 2007-06-08.
- ↑ Sergeant Sara Wood. Charges Dismissed Against Canadian at Guantanamo, Department of Defense, June 4 2007. Retrieved on 2007-06-07.
- ↑ Sergeant Sara Wood. Judge Dismisses Charges Against Second Guantanamo Detainee, Department of Defense, June 4 2007. Retrieved on 2007-06-07.