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June 29, 2006
ACLU CALLS SUPREME COURT DECISION ON GITMO TRIBUNALS A VICTORY FOR THE "RULE OF LAW"
American Civil Liberties Union
"Today's decision is a victory for the rule of law in the United States. The Supreme Court has made clear that the executive branch does not have a blank check in the war on terror and may not run roughshod over the nation's legal system. This decision moves us one step closer to stopping the abuse of power that has become the hallmark of this White House. Now that the Supreme Court has issued its decision, the president should make good on his promise and close Guantanamo." – Anthony Romero, Executive Director
SEE: "Supreme Court Says Guantanamo Bay Military Commissions Are Unconstitutional; ACLU Calls Decision a Victory for the 'Rule of Law'" (ACLU, 6/29/06)
SEE ALSO: ACLU Amicus Brief in Hamdan vs. Rumsfeld (ACLU, 1/4/2006)
"This holding would not only apply to the handful of Guantanamo detainees charged with crimes, but to all the detainees held by the United States in the 'global war on terror', including those at Guantanamo and at Bagram in Afghanistan, as well as the 'ghost detainees' held at secret prisons. It strongly calls into question the legality of holding detainees incommunicado and the CIA's use of coercive interrogation techniques.
"The commissions effectively allowed the use of evidence acquired through abusive interrogations, placed undue restrictions on military and civilian defense counsel to present an effective defense, and denied meaningful review by civilian courts.
"The Supreme Court decision will likely compel the Bush administration to transfer Guantanamo cases to federal courts or courts-martial, or to drop pending criminal charges. Prosecuting terrorist suspects before such regular courts will better ensure that fair trial rights are respected. Showing that justice will be done is an essential component of any effective counterterrorism strategy that seeks to enlist allies concerned about torture, arbitrary detention or fair trials." – Human Rights Watch
SEE: "U.S. Guantanamo Ruling Rejects Unfair Trials" (Human Rights Watch, 6/29/06)
June 30, 2006
"ISRAEL/OCCUPIED TERRITORIES: DELIBERATE ATTACKS A WAR CRIME"
Amnesty International
"Deliberate attacks by Israeli forces against civilian property and infrastructure in the Gaza Strip violate international humanitarian law and constitute war crimes, Amnesty International said today.
"'Israel must now take urgent measures to remedy the long-term damage it has caused and immediately restore the supply -- at its own cost -- of electricity and water to the Palestinian population in the affected areas,' urged the organization. 'As the occupying power, Israel is bound under international law to protect and safeguard the basic human rights of the Palestinian population.'"
SEE: "Israel/Occupied Territories: Deliberate Attacks a War Crime" (Amnesty International, 6/30/06)
"The laws of war prohibit attacks on "objects indispensable to the survival of the civilian population." Israel's attack on Gaza's only power plant is in violation of its obligation to safeguard such objects from attack. Even though Israel unilaterally withdrew its troops and settlements from Gaza in 2005, it continues to have obligations as an occupying power in Gaza because of its almost complete control over Gaza's borders, sea and air space, tax revenue, utilities, and the internal economy of Gaza.
"At a minimum, Israel continues to be responsible for the basic welfare of the Palestinian population in Gaza, in particular the health, educational, and humanitarian needs of the population to the extent these are affected by the restrictions imposed on Gaza by Israel. Olmert reportedly threatened to block the entry of fuel and food to Gaza if Shalit is not released, which would violate these obligations.
"Human Rights Watch urges Israel to take all possible precautions to limit the impact of its military campaign in Gaza on the civilian population. In particular, the laws of war require Israel to ensure that the impact of its military actions on the civilian population is not disproportionate to the military objectives it seeks to achieve, and that it does not target objects indispensable to the survival of the civilian population."
SEE: "Gaza: Israeli Offensive Must Limit Harm to Civilians" (Human Rights Watch 6/29/06)
SEE ALSO: The Horror in Gaza: A View From the Ground (Arab American Institute 7/1/06)
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