All have been keen to come before a properly constituted court of law in order to answer any charge that the government may want to bring against them.
If a newly constituted Court establishes an abiding commitment to judicial restraint, the right as well as the left is likely to suffer disappointments.
They may not be sentenced without first being tried by "a regularly constituted court affording all the judicial guarantees...recognised as indispensable by civilised peoples".Delivering the court's majority opinion, Justice John Paul Stevens said that this is usually taken to mean an ordinary military court, set up in accordance with a country's normal rules and procedures.
It would be ungracious to recall the Geneva conventions, the foundation of modern humanitarian law: they bar "the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilised peoples".
Terry Waite, an Anglican clergyman and former hostage in Beirut, who is campaigning on the men's behalf, said on Tuesday, "If somebody is suspected of terrorism, what you must do is bring evidence, charge them, allow them to have proper legal representation and bring them before a properly constituted court of law".
But in June last year, the Supreme Court ruled that anyone held in American military custody anywhere in the world is entitled to at least the minimum protections under Common Article 3 of the Geneva Conventions, guaranteeing the right to be humanely treated and, if charged, to be tried by a "regularly constituted court, affording all the judicial guarantees".
That article guarantees the right of detainees to be humanely treated and, if charged, to be tried by "a regularly constituted court, affording all the judicial guarantees".In this section And the money comes pouring in The wrong side of history Cries from here and there In retreat Dubai in America Rejecting Eden A weakened branch?
Senator McCain's committee cannot increase whatever punishment the duly constituted court believes appropriate.
If so, they should be tried by a properly constituted court operating under rules that guarantee a fair trial".
