Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 (2006), is a United States Supreme Court case in which the Court held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions ratified by the U.S.[1]
For the case involving a United States citizen, see Hamdi v. Rumsfeld.Hamdan v. Rumsfeld
Salim Ahmed Hamdan, Petitioner v. Donald H. Rumsfeld, United States Secretary of Defense; John D. Altenburg, Jr., Appointing Authority for Military Commissions, Department of Defense; Brigadier General Thomas L. Hemingway, Legal Advisor to the Appointing Authority for Military Commissions; Brigadier General Jay Hood, Commander Joint Task Force, Guantanamo, Camp Echo, Guantanamo Bay, Cuba; George W. Bush, President of the United States
Petition for habeas corpus granted, 344 F. Supp. 2d 152 (D.D.C. 2004); reversed, 415 F.3d 33 (D.C. Cir., 2005); cert. granted, 126 S. Ct. 622 (2006)
Stevens (Parts I through IV, VI through VI–D–iii, VI–D–v, and VII), joined by Kennedy, Souter, Ginsburg, Breyer
Stevens (Parts V and VI–D–iv), joined by Souter, Ginsburg, Breyer
Breyer, joined by Kennedy, Souter, Ginsburg
Kennedy (in part), joined by Souter, Ginsburg, Breyer (Parts I and II)
Scalia, joined by Thomas, Alito
Thomas, joined by Scalia; Alito (all but Parts I, II–C–1, and III–B–2)
Alito, joined by Scalia, Thomas (Parts I through III)
Hamdan raises several legal issues: Whether the United States Congress may pass legislation preventing the Supreme Court from hearing the case of an accused combatant before his military commission takes place; whether the special military commissions established by the executive branch violated federal law (including the UCMJ and treaty obligations); and whether courts can enforce the articles of the Geneva Conventions.[2][3]
After hearing oral arguments on March 28, 2006, on June 29, 2006, the Court issued a 5–3 decision holding that it had jurisdiction; that the administration lacked either the constitutional power or congressional authorization to establish these particular military commissions; that, absent such authority, the military commissions had to comply with the "ordinary laws" of the U.S. and of war, which include the UCMJ and the Geneva Conventions incorporated therein; and that Hamdan's trial, having violated the rights and procedures under both bodies of law, was illegal.[4]