International law: illegal imprisonment at Guantanamo Bay
Two and a half years have passed since their imprisonment, Mamdouh Habib has been set free but the other Australian , David Hicks, is still held.
The US claims they were 'enemy combatants' and no established regime of international law applies to them.
The Australian Section of the International Commission of Jurists (ASICJ) argues that Hicks is a prisoner of war (POW) under the Third Geneva Convention, and that Habib was a suspected criminal who should have been dealt with under the International Covenant on Civil
and Political Rights (ICCPR).
The ASICJ says there is no category of 'enemy combatant' under international law and that labelling the prisoners such does not get around existing law in respect of their treatment.
Perhaps is is just that George W Bush has a thing about guys named David Hicks.
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