U.N. Expert Criticizes U.S. Terror Law

[NVMojo]

GENEVA (AP) - Washington's new anti-terrorism law could end up violating international treaties protecting detainees, with some provisions denying suspects the right to a fair trial, a U.N. rights expert said Friday.

Martin Scheinin, the U.N. expert on protecting human rights in the fight against terrorism, said the Military Commissions Act signed into law earlier this month by President Bush contains provisions "incompatible" with U.S. obligations to adhere to treaties on human rights and humanitarian law.

"One of the most serious aspects of this legislation is the power of the president to declare anyone, including U.S. citizens, without charge as an 'unlawful enemy combatant' - a term unknown in international humanitarian law," said Scheinin, a legal expert from Finland.

As a result, he said, those detainees are subject to the jurisdiction of a military commission composed of military officers - rather than a civilian court of law.

more...

http://www.lasvegassun.com/sunbin/stories/w-eur/2006/oct/27/102703365.html

[texpatriot2004]

1. K & R nm

[teryang]

2. Actually, its not clear that citizens are subject to the commission

...they are entitled to a very limited due process review provided for in Habeus Corpus hearing as ruled in the Hamdi v. Rumsfeld decision of the US Supreme Court. Alternatively, there is the tribunal review for a determination of detainee status. Nominally, the MCA doesn't apply to US Citizens.

However, after being classified as an "unlawful enemy combatant" under the first section of the MCA, or "domestic terrorist," under the Patriot Act, US citizens could be held indefinitely with no other legal process.

I've seen the "it can happen here" thread. Folks, it already has happened here.

[Jack Rabbit]

3. K/R

The Palace of Peace
The Hague
Home of the International Criminal Court

Photo from the Dossier Nederland (The Netherlands)