Presiding Officer (ARB)
Encyclopedia
Every Administrative Review Board
, run under the authority of the Office for the Administrative Review of Detained Enemy Combatants, was commanded by a Presiding Officer.
Like the Combatant Status Review Tribunal
s, also run by OARDEC, the Boards form were modeled after the US Department of Defense's Army Regulation 190-8 Tribunals, but differed in its mandate.
All three procedures consisted of at least three officers, of whom the most senior was to be of field grade.
The AR 1900-8 Tribunals was to set out the details of how the US military was to comply with the USA's obligations, under the Third Geneva Convention
, to convene a "competent tribunal
" to determine the status of captives whose status was in doubt. Competent tribunals, like the AR 190-8 Tribunal, are authorized to determine that captives are innocent civilians, lawful combatants, or combatants who have violated the laws of war. According to the Geneva Conventions, innocent civilians should be immediately released; lawful combatants should enjoy the protections of POW status until hostilities are over; and only those determined to have violated the laws of war can face charges for hostile activity.
The position of the Bush
Presidency was that captives apprehended during the "war on terror
" were not eligible for the protections of the Geneva Conventions.
The United States Supreme Court ruled, in Rasul v. Bush
that captives could not be held indefinitely.
Captives were to receive annual Administrative Review Board hearings, to determine if they continued to pose a threat to the USA, or whether they continued to hold any intelligence value.
In practice the Guantanamo Bay detention camp in Cuba
contains over one hundred captives who do not receive annual Administrative Review Boar hearings, because their Combatant Status Review Tribunal had already been determined not to have been enemy combatants
, after all. Or because an earlier Administrative Review Board had already determined that they should be released.
Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the suspects held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba....
, run under the authority of the Office for the Administrative Review of Detained Enemy Combatants, was commanded by a Presiding Officer.
Like the Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
s, also run by OARDEC, the Boards form were modeled after the US Department of Defense's Army Regulation 190-8 Tribunals, but differed in its mandate.
All three procedures consisted of at least three officers, of whom the most senior was to be of field grade.
The AR 1900-8 Tribunals was to set out the details of how the US military was to comply with the USA's obligations, under the Third Geneva Convention
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
, to convene a "competent tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...
" to determine the status of captives whose status was in doubt. Competent tribunals, like the AR 190-8 Tribunal, are authorized to determine that captives are innocent civilians, lawful combatants, or combatants who have violated the laws of war. According to the Geneva Conventions, innocent civilians should be immediately released; lawful combatants should enjoy the protections of POW status until hostilities are over; and only those determined to have violated the laws of war can face charges for hostile activity.
The position of the Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
Presidency was that captives apprehended during the "war on terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
" were not eligible for the protections of the Geneva Conventions.
The United States Supreme Court ruled, in Rasul v. Bush
Rasul v. Bush
Rasul v. Bush, 542 U.S. 466 , is a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals held in Guantanamo Bay were wrongfully imprisoned...
that captives could not be held indefinitely.
Captives were to receive annual Administrative Review Board hearings, to determine if they continued to pose a threat to the USA, or whether they continued to hold any intelligence value.
In practice the Guantanamo Bay detention camp in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
contains over one hundred captives who do not receive annual Administrative Review Boar hearings, because their Combatant Status Review Tribunal had already been determined not to have been enemy combatants
Nlec
No Longer Enemy Combatant, is a U.S. military term for Guantanamo detainees whose Combatant Status Review Tribunal determined they have not been classified as "enemy combatants".Thirty-eight detainees were finally classified as "NLECs"....
, after all. Or because an earlier Administrative Review Board had already determined that they should be released.
Role of the Presiding Officer
The Presiding Officers duties included:- The Presiding Officer chaired the hearings.
- The Presiding Officer determined when evidence was admissible.
- Presiding Officers would rule when the captive's testimony was off-topic, or when their behaviour was disruptive and they should be removed.