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Case: Hamdan v Rumsfeld
Overview of competing views and observable implications
The driver of Osama Bin Laden, Salim Ahmed Hamdan was arrested by Afghan soldiers in 2001 and was sent to the detention center of the United States in Guantanamo Bay in 2002. The case popularly called Hamdan v Rumsfeld, the military commission of the United States issues a writ to Hamdan, the driver and bodyguard of Osama Bin Laden. He was asked to present himself before the Tribunal for committing serious criminal offenses like murder, attack, and destruction in 2004. The president of the state ordered his trial by the Military Commission for multiple offenses. In response to it, Hamdan appealed to the Supreme Court against his trial by the Military Commission of the US.
In 2006, the Supreme Court’s held the commission to conduct legal proceedings against Hamdan. It raised questions about the judicial discretion of the powers of law. The Supreme Court further mentions that the trial procedure by the Tribunal violated the provisions of Geneva conventions 1949 and the Military Justice Law because the Commission was without authorization of Congress. On the other hand, the US Combatant Status Review Tribunal was guided by a group of tribunals that made the confirmation before declaring the detainees as enemy combatants. Many Government officials were responsible for the detention of Hamdan, Donald Rumsfeld, the then Secretary of Defense, was one of the chief defendants of the case.
Summary of...