When has the geneva conventions been violated by the US in GITMO? Please be specific.....
An excerpt from the Hamdan v. Rumsfeld syllabus.
The military commission at issue is not expressly authorized by
any congressional Act. Quirin held that Congress had, through Article
of War 15, sanctioned the use of military commissions to try offenders
or offenses against the law of war. 317 U. S., at 28. UCMJ
Art. 21, which is substantially identical to the old Art. 15, reads: “The
jurisdiction [of] courts-martial shall not be construed as depriving
military commissions . . . of concurrent jurisdiction in respect of offenders
or offenses that by statute or by the law of war may be tried
by such . . . commissions.” 10 U. S. C. §821. Contrary to the Government’s
assertion, even Quirin did not view that authorization as a
sweeping mandate for the President to invoke military commissions
whenever he deems them necessary. Rather, Quirin recognized that
Congress had simply preserved what power, under the Constitution
and the common law of war, the President already had to convene
military commissions—with the express condition that he and those
under his command comply with the law of war. See 317 U. S., at
28–29. Neither the AUMF nor the DTA can be read to provide specific,
overriding authorization for the commission convened to try
Hamdan. Assuming the AUMF activated the PresidentÂ’s war powers,
see Hamdi v. Rumsfeld, 542 U. S. 507, and that those powers include authority to convene military commissions in appropriate circumstances,
see, e.g., id., at 518, there is nothing in the AUMFÂ’s text or legislative
history even hinting that Congress intended to expand or alter
the authorization set forth in UCMJ Art. 21. Cf. Ex parte Yerger, 8
Wall. 85, 105. Likewise, the DTA cannot be read to authorize this
commission. Although the DTA, unlike either Art. 21 or the AUMF,
was enacted after the President convened HamdanÂ’s commission, it
contains no language authorizing that tribunal or any other at Guantanamo
Bay. Together, the UCMJ, the AUMF, and the DTA at most
acknowledge a general Presidential authority to convene military
commissions in circumstances where justified under the Constitution
and laws, including the law of war. Absent a more specific congressional
authorization, this CourtÂ’s task is, as it was in Quirin, to decide
whether Hamdan’s military commission is so justified. Pp. 25–
30.
4. The military commission at issue lacks the power to proceed because
its structure and procedures violate both the UCMJ and the
four Geneva Conventions signed in 1949. Pp. 49–72.
http://www.supremecourtus.gov/opinions/05pdf/05-184.pdf
Read the entire PDF. Interesting stuff. There's a whole lot of smackdown being layethed on the Administration.