Oh, you have got to love this.
The Bush administration's efforts to circumvent the Geneva Conventions are well documented. If you recall, the attempts to circumvent the conventions were based on the argument that those held were "unlawful combatants", not prisoners of war, so therefore, the Geneva Conventions did not apply. By transferring detainees to Guantanamo Bay, the theory was that the United States could create an enclave where neither US domestic law nor international law applied, and the US could do at it wished without interference from pesky things like treaties and rights. The plan hit a snag when the US Supreme Court made it clear, in no uncertain terms, that the detainees did have rights in the US Court system. In the wake of the ruling, Congress, which has the power to regulate the jurisdiction of the inferior courts, then drafted and passed Bush's wet dream, the Military Commissions Act of 2006, which attempts to give the illegal treatment of detainees the appearance of fairness. Its a kangaroo court.
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