Hamdan v. Rumsfeld
What's at Stake
Challenge to the validity of the military commissions established by President Bush to try detainees as part of the war against terrorism. DECIDED
Summary
In November 2001, President Bush issued an order establishing a system of military commissions as part of the war against terrorism. The commissions have been challenged as inconsistent with the Geneva Conventions and unauthorized by Congress. The ACLU filed an amicus brief arguing that congressional authorization cannot be presumed in the absence of a clear statement for two basic reasons. First, the commission rules do not guarantee either independence or impartiality, and are therefore deficient under any recognized legal standard. Second, the commissions discriminate against non-citizens in unprecedented fashion.
Blog: ACLU Legal Team on Hamdan
Legal Documents
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01/04/2006
ACLU Amicus Brief in Hamdan v. Rumsfeld
Press Releases
Supreme Court Says Guantánamo Bay Military Commissions Are Unconstitutional; ACLU Calls Decision a Victory for the "Rule of Law"
ACLU Hosts "Road to Guantánamo" Screening and Discussion with Filmmaker
Pentagon Documents Reveal Details of Suicide Attempts at Guantánamo
ACLU Sends Monitor to Guantánamo Military Tribunals; Blog Dispatches to be Posted on ACLU.Org
ACLU Urges Supreme Court to Declare Guantánamo Bay Military Commissions Illegal
ACLU Praises Court Ruling Invalidating Guantánamo Bay Military Commissions