军事判断坚持关塔那摩解雇

大卫McFADDEN

一位军事法官在阿富汗拒绝了五角大楼请求反思充电他的解雇反对关塔那摩海湾被拘留者被指责杀害美国战士。

法官，军队Col. 彼得Brownback，星期五被统治在Omar Khadr情况下，政府的更新的法律论据未解决缺乏司法，是15 2002年的加拿大人他在一个阿富汗战场被拘捕了。

Khadr是军事试验散开二个被拘留者的之一，因为他们未被辨认作为“不合法的”敌对战斗员。

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, said Saturday that the military is preparing to file a challenge to the Court of Military Commissions Review, a Washington-based appeals court that was set up within a week of the dismissal of the two detainees’ charges on June 4.

“We’re disappointed with the judge’s decision in this matter,” Gordon said.

Another judge who threw out the case against Yemeni detainee Salim Ahmed Hamdan has not yet ruled on prosecutors’ motion to reconsider, Gordon said.

Meanwhile, the U.S. Supreme Court on Friday agreed to review whether Guantanamo Bay detainees can use federal courts to challenge their confinement, reversing an April decision not to hear arguments on the issue.

Like the rest of the detainee population, Khadr and Hamdan previously were identified by military review panels only as enemy combatants, lacking the “unlawful” designation required by the law that authorized the new trials. Pentagon officials have described the problem as largely semantics.

But the cases have dealt a blow to the Bush administration in its efforts to begin prosecuting dozens at the detention center in southeastern Cuba.

Last year, Republicans and the White House pushed through legislation authorizing the war-crimes trials after the Supreme Court threw out Bush’s previous system as illegal and in violation of international treaties.

Khadr and Hamdan are the only ones currently in the roughly 380-prisoner population at Guantanamo who have been charged with crimes under a reconstituted military trial system.

One other detainee charged under the new system, Australian David Hicks, pleaded guilty in March to providing material support to al-Qaida and is serving a nine-month sentence in Australia.

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