Guantanamo military commissionThe Guantanamo military commissions were established by President George W. Bush – through a military order – on November 13, 2001, to try certain non-citizen terrorism suspects at the Guantanamo Bay prison. To date, there have been a total of eight convictions in the military commissions, six through plea agreements with the defendants. Several of the eight convictions have been overturned in whole or in part on appeal, mostly by U.S. federal courts.
Geneva ConventionsThe Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel, established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone.
Rasul v. BushRasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.
Enhanced interrogation techniques"Enhanced interrogation techniques" or "enhanced interrogation" was a program of systematic torture of detainees by the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA) and various components of the U.S. Armed Forces at remote sites around the world—including Bagram, Guantanamo Bay, Abu Ghraib, and Bucharest—authorized by officials of the George W. Bush administration.
Hamdan v. RumsfeldHamdan 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.
Unlawful combatantAn unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document.
Ex parte Quirin'Ex parte Quirin', 317 U.S. 1 (1942), was a case of the United States Supreme Court that during World War II upheld the jurisdiction of a United States military tribunal over the trial of eight German saboteurs, in the United States. Quirin has been cited as a precedent for the trial by military commission of unlawful combatants. It was argued July 29 and 30, and decided July 31, with an extended opinion filed October 29, 1942.
Command responsibilityIn the practice of international law, command responsibility (also the Yamashita standard, the Medina standard, and superior responsibility) is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.
Abu Ghraib torture and prisoner abuseDuring the early stages of the Iraq War, members of the United States Army and the Central Intelligence Agency committed a series of human rights violations and war crimes against detainees in the Abu Ghraib prison in Iraq, including physical abuse, sexual humiliation, both physical and psychological torture, rape, as well the killing of Manadel al-Jamadi and the desecration of his body. The abuses came to public attention with the publication of photographs of the abuse by CBS News in April 2004.
War on terrorThe war on terror, officially the Global War on Terrorism (GWOT), is a global counterterrorism military campaign initiated by the United States following the September 11 attacks and is also the most recent global conflict spanning multiple wars. The main targets of the campaign were militant Islamist and Salafi jihadist armed organisations such as al-Qaeda, the Islamic State, and their international affiliates, which were waging military insurgencies to overthrow governments of various Muslim-majority countries.