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Examine possible criminal
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Examine possible criminal liability for government officials and issues of state responsibility for the United States failure to comply with international laws against torture in post war Iraq
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The Military Commissions Act of 2006
Background
This Act was the consequence of the US Supreme Courts June 2006 decision in Hamdan v Rumsfeld against the creation of military commissions by executive fiat (Center for Constitutional Rights 2006). It held that protection extended by Common Article 3 of the Geneva Conventions applies in the case of Al Qaeda. Apprehensions about potential liability for CIA interrogators for violating the Detainee Treatment Act, which prohibits torture and coercive interrogations, were also believed to have prompted the creation of this Act. It was passed by the House and the Senate. Five proposed amendments to eliminate the Acts jurisdiction-stripping provision failed. Former President George W. Bush signed the Act into law on October 17, 2006 (Center for Constitutional Rights)
This legislation, S 3930, authorizes the President to organize military commissions to try alien unlawful enemy combatants (US Congress 2006). It also authorizes the Secretary of Defense to convene the commissions and, with the Attorney-General, set up rules and procedures for the commissions. It likewise revises the War Crimes to amend the Habeas Corpus provisions of the United States Code (US Congress)......
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