Hague Regulations v Bush
-----Original Message-----
From: aalsmin-l-bounces@lists.ubalt.edu
On Behalf Of Boyle, Francis
Sent: Wednesday, January 04, 2006 1:31 PM
Subject: [AALSMIN-L] Hague Regulations v Bush Jr. Notice in Guantanamo Detainee Cases
Article 23(h) of the 1907 Hague Regulations on Land Warfare, to which the USA is a contracting party, provides: "In addition to the prohibitions provided by special Conventions, it is especially forbidden...(h) To declare abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party." In addition, the Nuremberg Tribunal ruled that the Hague Regulations were customary international law as of the outbreak of the Second World War in 1939. This would constitute a serious war crime.
fab.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820
USA
217-333-7954 (voice)
217-244-1478 (fax) fboyle@law.uiuc.edu
(personal comments only)
-----Original Message-----
From: Charles Gittings
Sent: Wednesday, January 04, 2006 2:09 PM
To: ASIL Forum
Subject: Govt Notice in Guantanamo Detainee Cases
Today the government filed the following notice in all of the Guantanmo deatainee cases pending in the USDC for D.C.:
NOTICE OF SUPPLEMENTAL AUTHORITY
Respondents hereby give notice of the recent enactment of legislation that, among other things, amends 28 U.S.C. � 2241 to remove court jurisdiction to hear or consider applications for writs of habeas corpus and other actions brought in this Court by or on behalf of aliens detained at Guantanamo Bay, Cuba. See Department of Defense Appropriations Act, 2006, Pub. L. No. ___, � 1005 (2005) (signed by President Bush on Dec. 30, 2005) (copy of relevant excerpts attached). No sooner than the week of January 9, 2006, respondents anticipate filing in each of 1 the above-captioned cases a motion to dismiss or for other appropriate relief based on the new legislation. Prior to or shortly after filing of such motion, respondents will consult with petitioners� counsel in an effort to agree upon a briefing schedule that can be proposed to the Court.
Dated: January 3, 2006
---
The original pdf and exhibit are available on the PEGC web site in this folder (along with show cause orders issued by Judge Walton in his assigned cases):
http://www.justicescholars.org/pegc/McCain-Graham/
From: aalsmin-l-bounces@lists.ubalt.edu
On Behalf Of Boyle, Francis
Sent: Wednesday, January 04, 2006 1:31 PM
Subject: [AALSMIN-L] Hague Regulations v Bush Jr. Notice in Guantanamo Detainee Cases
Article 23(h) of the 1907 Hague Regulations on Land Warfare, to which the USA is a contracting party, provides: "In addition to the prohibitions provided by special Conventions, it is especially forbidden...(h) To declare abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party." In addition, the Nuremberg Tribunal ruled that the Hague Regulations were customary international law as of the outbreak of the Second World War in 1939. This would constitute a serious war crime.
fab.
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820
USA
217-333-7954 (voice)
217-244-1478 (fax) fboyle@law.uiuc.edu
(personal comments only)
-----Original Message-----
From: Charles Gittings
Sent: Wednesday, January 04, 2006 2:09 PM
To: ASIL Forum
Subject: Govt Notice in Guantanamo Detainee Cases
Today the government filed the following notice in all of the Guantanmo deatainee cases pending in the USDC for D.C.:
NOTICE OF SUPPLEMENTAL AUTHORITY
Respondents hereby give notice of the recent enactment of legislation that, among other things, amends 28 U.S.C. � 2241 to remove court jurisdiction to hear or consider applications for writs of habeas corpus and other actions brought in this Court by or on behalf of aliens detained at Guantanamo Bay, Cuba. See Department of Defense Appropriations Act, 2006, Pub. L. No. ___, � 1005 (2005) (signed by President Bush on Dec. 30, 2005) (copy of relevant excerpts attached). No sooner than the week of January 9, 2006, respondents anticipate filing in each of 1 the above-captioned cases a motion to dismiss or for other appropriate relief based on the new legislation. Prior to or shortly after filing of such motion, respondents will consult with petitioners� counsel in an effort to agree upon a briefing schedule that can be proposed to the Court.
Dated: January 3, 2006
---
The original pdf and exhibit are available on the PEGC web site in this folder (along with show cause orders issued by Judge Walton in his assigned cases):
http://www.justicescholars.org/pegc/McCain-Graham/
Starmail - 4. Jan, 22:14
