Hamdan v. Rumsfeld
United States Supreme Court
548 U.S. 557 (2006)
Salim Hamdan (plaintiff), a Yemeni national captured in 2001 and detained at Guantanamo Bay, was charged after two years in custody with conspiracy in connection with the September 11 attacks and deemed eligible for trial by a specially created military commission. Hamdan petitioned for habeas corpus, challenging the commission's authority to try him at all, given that its procedures allowed evidence unknown to the accused, including hearsay, and departed significantly from ordinary military and civilian trial procedures. The Supreme Court granted certiorari to assess whether these commissions complied with the Uniform Code of Military Justice and the Geneva Conventions, particularly Common Article 3, which applies in armed conflicts not between sovereign nations.
Whether military commissions convened by the President without regard to the laws of war, the Uniform Code of Military Justice, and the Geneva Conventions violate the limits on the President's executive power, and whether Common Article 3 of the Geneva Conventions applies to protect persons, like Hamdan, who are not involved in an international conflict between sovereign states.