Treatment of "Battlefield Detainees" in the War on Terrorism Page: 5 of 47
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POWs until an independent tribunal has determined otherwise.6 The European
Parliament also called for a tribunal to determine the status of detainees.7 Great
Britain has reportedly asked that its citizens detained in Cuba be returned for trial.'
A controversy ensued in Canada after it was reported that Canadian soldiers turned
over several of their captives to the United States for detention, argued by some to
be in possible violation of Canada's international obligations.9 The Organization of
American States' Inter-American Commission has issued a preliminary order to the
United States, urging it to take "urgent measures" to establish hearings to determine
the legal status of the detainees.0
The U.S. Justice Department has reportedly set up a special legal team headed
by the Solicitor-General to defend its policy of holding detainees at Guantinamo Bay
against court challenges brought on their behalf." One petition for habeas corpus
was rejected by a district court in California on the grounds that the petitioner - a
coalition of clergy and human rights lawyers - did not have standing to bring the
action on behalf of all of the prisoners.12 Another case was filed in the District of
Columbia against President Bush and Secretary of Defense Rumsfeld by the parents
of three of the detainees - one Australian national and two from the United
Kingdom.13 The Justice Department reportedly plans to ask the court to decline
6See Red Cross Differs on POWs, DETROIT FREE PRESS, Feb. 9, 2002, at 6A (reporting
International Committee of the Red Cross (ICRC) statement criticizing Bush decision);
Afghan Human Rights is Cause for concern, Warns Top UN Official, AGENCE FRANCE-
PRESSE Feb. 12, 2002, available at 2002 WL 2338501 (reporting UNHCR Chief Mary
Robinson agreed with legal position of ICRC regarding Geneva Conventions' applicability
to detainees); Letter from Kenneth Roth, Executive Director Human Rights Watch, to
Condoleezza Rice, National Security Advisor (Jan. 28, 2002) (available at
http://hrw.org/press/2002/01/us012802-ltr.htm).
7See Euro MPs Seek Tribunal to Determine Cuba Prisoners' Status, AGENCE PRESSE-
FRANCE, Feb. 7, 2002, available at 2002 WL 2335140.
8See Sue Leeman, Britain Wants Captives Tried at Home, AP Jan. 24, 2002, available at
2002 WL 10035010;
9See Jeff Sallot, Captives' Status Worries Ottawa, GLOBE & MAIL (Ottawa), Feb. 5, 2002,
at A4. Under the GPW, a Detaining Power may transfer captives to another Power only"after it has satisfied itself of the willingness and ability of such transferee Power to apply the
Convention." GPW art. 12.
10See Jesse Bravin, Panel Says U.S. Policy on Detainees in Cuba Breaks International Law,
WALL ST. J., Mar. 14, 2002, at B2.
"See John Mintz, Guantanamo Could Be Terrorist Penal Colony; U.S. Preparing New
Guidelinesfor Tribunals, Sun-Sentinel (Ft. Lauderdale Fla.), Feb 13, 2002, at 19A, available
at 2002 WL 2946820.
'2Coalition of Clergy v. Bush, No. CV 02-570 AHM (JTLX) (C.D. Cal. 2002), available at
2002 WL 272428.
13Jan Cienski, Detainees' Families File Suit: Lawsuit Demands Legal Process for Two
Britons, One Australian Held by the United States: Camp X-ray Prisoners, NAT'L POST
Feb. 20, 2002, at A13, available at 2002 WL 11861252.
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Elsea, Jennifer K. Treatment of "Battlefield Detainees" in the War on Terrorism, report, April 11, 2002; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs2245/m1/5/: accessed May 6, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.