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On March 28, the Supreme Court will take up the case of Hamdan v. Rumsfeld, which will determine the permissibility of the Bush administration’s plan to use military tribunals to conduct trials of al Qaeda senior leaders. In 2004, D.C. Court judge James Robertson ruled that the proposed military tribunals violated international law, a decision subsequently overturned in 2005 by the Court of Appeals for the D.C. Circuit.
What are the legal issues being contested in the case? How is the Supreme Court likely to rule? Are the military tribunals of enemy combatants consistent with U.S. obligations under the Geneva Conventions? What will be the implications of the ruling for the Bush administration’s legal theory of the global war on terror? Bradford Berenson and Daniel Collins, who have recently filed a brief with the Supreme Court on behalf of Citizens for the Common Defense, will discuss these and other issues.