BobHarris.com - Guantanamo Tribunal "Lacks Basic Knowledge of Law"

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Guantanamo Tribunal "Lacks Basic Knowledge of Law"

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Monday, 08 November 2004

From Human Rights Watch:

For three days, the commission’s three members grappled with the laws of war and international criminal justice. While resolving these issues would have been a difficult task even for veteran judges, it has been an impossible exercise for the commission given that two of the three members who are supposed to rule on matters of law have no legal training or experience. Unsurprisingly, the two members without legal training had difficulty understanding introductory principles of the law of war or criminal justice.

"It’s astonishing that the United States would try a case of historic importance with officials who are struggling to grasp basic legal concepts," said James Ross, senior legal advisor for Human Rights Watch, who observed the hearings. "Real courts with real judges should be trying these complex cases, not tribunals started from scratch."

"The hearings in the Hicks case resembled an introductory law school class," said Ross. "A man whose fate is hanging in the balance should not be tried by judges unfamiliar with the law."