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Statement Re: U.S. Supreme Court Decision in Hamdan V. Rumsfeld

By Michael S. Greco, President _

June 29, 2006 — The _ applauds the decision of the Supreme Court of the United States in Hamdan v. Rumsfeld, which is a significant victory for the Rule of Law and our cherished constitutional protections.

The ABA has urged, since February 2002, that military commissions, if any, be required to comply with the rules of the Uniform Code of Military Justice, and in conformity with United States international treaty obligations. The ABA’s representative at the Guantanamo military commission hearings observed first-hand that the Administration’s ad hoc military tribunal structure was inherently flawed.  That fact underscores the importance of the Supreme Court’s ruling that the military tribunals as presently constituted are illegal.

The ABA urges the President to comply immediately with the Supreme Court’s decision by insuring that any further tribunals abide by appropriate and constitutional procedures, and further urges the Congress to exercise its oversight and legislative authority to assure that the law and regulations governing any tribunal will adhere to the rules of the UCMJ, and comply with the appropriate provisions of the International Covenant on Civil and Political Rights.

The Supreme Court’s decision is a reaffirmation that the Rule of Law must be observed in our country as well as abroad.