Boycott of Guantanamo Military Commissions

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The sign waved by Ali al-Bahlul declaring a boycott at his 2006 hearing Ali Hamza Al Bahlu'sl boycott sign.jpg
The sign waved by Ali al-Bahlul declaring a boycott at his 2006 hearing

In 2006, after charges were laid against a number of detainees held in the Guantanamo Bay detention camps, a boycott against the judicial hearings was declared by Ali al-Bahlul. The boycott gained momentum in 2008 when more detainees faced Guantanamo military commissions

Guantanamo Bay detention camp US military prison in Guantanamo Bay Naval Base

The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, G-Bay, GTMO, and Gitmo, which is on the coast of Guantánamo Bay in Cuba. Since the inmates have been detained indefinitely without trial and several detainees have been tortured, the operations of this camp are considered to be a major breach of human rights by Amnesty International.

Boycott act of voluntarily abstaining from using, buying, or dealing with a person, organization, or country

A boycott is an act of voluntary and intentional abstention from using, buying, or dealing with a person, organization, or country as an expression of protest, usually for moral, social, political, or environmental reasons. The purpose of a boycott is to inflict some economic loss on the target, or to indicate a moral outrage, to try to compel the target to alter an objectionable behavior.

Guantanamo military commission U.S. military tribunals

The Guantanamo military commissions are military tribunals authorized by presidential order, then by the Military Commissions Act of 2006, and currently by the Military Commissions Act of 2009 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.

The boycott has threatened the future of the tribunals, and reduced the credibility of the Military Commissions Act of 2006 as prisoners have resolved not to cooperate or recognise the American military proceedings, amidst claims that the tribunals were not impartial, the detainees had been abused or tortured into giving false confessions, and would find each detainee "Guilty" regardless of the facts. [1] Public confidence in the fairness of the trials reached all-time lows after the boycotts began. [2]

Military Commissions Act of 2006 Former United States law

The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes".

Organised by the detainees themselves, American military defence attorneys have blamed peer pressure for convincing other prisoners to join the process. [1]

Peer pressure is the direct influence on people by peers, or the effect on an individual who gets encouraged to follow their peers by changing their attitudes, values or behaviors to conform to those of the influencing group or individual. This can result in either a positive or negative effect. Social groups affected include both membership groups, in which individuals are "formally" members, and cliques, in which membership is not clearly defined. However, a person does not need to be a member or be seeking membership of a group to be affected by peer pressure. Peer pressure can decrease one's confidence. It can affect the lives of the students drastically.

Six of the charged prisoners have appeared before a judge in 2008, and five of them declared their intentions to boycott the proceedings. The Canadian Omar Khadr, accused of throwing a grenade when he was 15 years old, is the only detainee facing charges who is not currently boycotting the hearings, as his lawyers have stressed this shows that he is not a threat and will "play by the rules" if released. [1] He was, however, a former member of the boycott, announcing his intentions to boycott in March 2006. [3]

Omar Khadr former Guantanamo Bay detainee

Omar Ahmed Sayid Khadr is a Canadian who was detained by the United States at Guantanamo Bay for ten years, from the age of 16, during which he pleaded guilty to the murder of U.S. Army Sergeant 1st Class Christopher Speer and other charges. He later appealed his conviction, claiming that he falsely pleaded guilty so that he could return to Canada. Khadr sued the Canadian government for infringing his rights under the Charter of Rights and Freedoms; this lawsuit was settled in 2017 with a $10.5 million payment and an apology by the federal government.

Detainees facing charges who have joined the boycott

Mohamed Jawad Afghan Guantanamo detainee

Mohamed Jawad, was accused of attempted murder before a Guantanamo military commission on charges that he threw a grenade at a passing American convoy on December 17, 2002. Jawad's family says that he was 12 years old at the time of his detention in 2002. The United States Department of Defense maintains that a bone scan showed he was about 17 when taken into custody.

Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, declared by the United States government to be an illegal enemy combatant and held as a detainee at Guantanamo Bay from 2002 to November 2008. He admits to being Osama bin Laden's personal driver and said he needed the money.

Chauffeur profession

A chauffeur is a person employed to drive a passenger motor vehicle, especially a luxury vehicle such as a large sedan or limousine. A woman employed to drive a passenger motor vehicle is a chauffeuse.

Related Research Articles

Unlawful combatant person who directly engages in armed conflict in violation of the laws of war

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war or is fighting outside of internationally recognized military forces. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action, subject to international treaties on justice and human rights.

Ibrahim al Qosi Sudanese al-Qaeda member

Ibrahim Ahmed Mahmoud al Qosi is a Sudanese citizen and paymaster for al-Qaeda. He was captured in December 2001 in Afghanistan. Qosi was held since January 2002 in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number is 54.

Layne Morris US Army soldier

Sergeant First Class Layne Morris is a retired soldier in an American Special Forces unit. Sergeant Morris was wounded and blinded in one eye during a fire-fight on July 27, 2002, that left Sergeant 1st Class Christopher J. Speer dead.

"A piece of the hand grenade shrapnel cut the optic nerve, So I'm blind in one eye."

Combatant Status Review Tribunal Tribunals of US detainees at Guantanamo Bay

The Combatant Status Review Tribunals (CSRT) were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense Paul Wolfowitz after U.S. Supreme Court rulings in Hamdi v. Rumsfeld and Rasul v. Bush and were coordinated through the Office for the Administrative Review of the Detention of Enemy Combatants.

Jabran al-Qahtani Saudi Arabian Guantanamo detainee

Jabran Said bin Al Qahtani is a Saudi who was held in extrajudicial detention for almost fifteen years in the United States Guantanamo Bay detention camps, in Cuba. Joint Task Force Guantanamo analysts estimate he was born in 1977, in Tabuk, Saudi Arabia.

Peter E. Brownback III is a retired military officer and lawyer. He was appointed in 2004 by general John D. Altenburg as a Presiding Officer on the Guantanamo military commissions. The Washington Post reported: "...that Brownback and Altenburg have known each other since 1977, that Brownback's wife worked for Altenburg, and that Altenburg hosted Brownback's retirement party in 1999."

Morris Davis US Air Force officer

Colonel Morris D. Davis is a United States Air Force officer and lawyer, was appointed the third Chief Prosecutor of the Guantanamo military commissions, where he served from September 2005 until October 2007. He resigned from the position due to objecting to the appointment of William J. Haynes, II, former General Counsel of the Department of Defense, as Presiding Officer of the commissions. He retired from active duty in October 2008.

Thomas Fleener is an American military officer and lawyer. Fleener, a major in the United States Army Reserve, has been appointed to serve as a defense lawyer in the Guantanamo military commissions. He has been appointed to serve as the defense lawyer for Ali Hamza Ahmed Sulayman al Bahlul.

Abdul Zahir (عبدالظاهر) is a citizen of Afghanistan currently held in extrajudicial detention in the United States' Guantanamo Bay detention camps, in Cuba. He was the tenth captive, and the first Afghan, to face charges before the first Presidentially authorized Guantanamo military commissions. After the Supreme Court ruled that the President lacked the constitutional authority to set up military commissions, the United States Congress passed the Military Commissions Act of 2006, he was not charged under that system.

Abdallah Saleh Ali Al Ajmi was a Kuwaiti citizen, who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number was 220. Joint Task Force Guantanamo counter-terrorism analysts reports indicated that he was born on 2 August 1978, in Almadi, Kuwait.

Ali Ahmad Muhammad Al Rahizi

Ali Ahmad Muhammad Al Rahizi is a citizen of Yemen who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number is 45. Joint Task Force Guantanamo counter-terrorism analysts reports he was born on October 13, 1979, in Ta'iz, Yemen.

Mohammed Kamin is a citizen of Afghanistan who was held in the United States Guantanamo Bay detention camps, in Cuba. The Joint Task Force Guantanamo estimate that Kamin was born in 1978. He was transferred to the United Arab Emirates on August 13, 2016.

Ali Hamza Ahmad Suliman al Bahlul is a Yemeni citizen who has been held as an enemy combatant since 2002 in the United States Guantanamo Bay detention camp. He boycotted the Guantanamo Military Commissions, arguing that there was no legal basis for the military tribunals to judge him.

Keith J. Allred is an American lawyer and retired Naval officer.

Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees is the full title of a United States Army regulation usually referred to as AR 190-8, that lays out how the United States Army should treat captives.

The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review, which would sit in Washington D.C.

The Military Commissions Act of 2009, which amended the Military Commissions Act of 2006, was passed to address concerns by the United States Supreme Court. In Boumediene v. Bush (2008) the court had ruled that the Military Commissions Act of 2006 was unconstitutional in suspending the right of detainees to habeas corpus. The court ruled that detainees had the right to access US federal courts to challenge their detentions.

References

  1. 1 2 3 4 5 Melia, Michael. Associated Press, "Guantanamo detainees spread word to boycott trials", May 9, 2008
  2. 1 2 Colson, Deborah. Human Rights First, Another Boycott at Guantánamo, Another Test for the Military Commission System, April 30, 2008
  3. Khadr vows boycott as shouts rock U.S. court Archived 2011-06-07 at the Wayback Machine , Toronto Star , April 6, 2006