In the case of the Gitmo detainees who had charges dismissed, can they still be tried in a court martial?

Question

Or are their cases dismissed altogether?

toffeefan~ your wrong!:
http://en.wikipedia.org/wiki/Court-martial
look it up!

Answer 1

Complicated but, yes, they can be tried by court-martial. In fact, in the Hamdan v. Rumsfeld case (the one from last summer where the Supreme Court found the military tribunals - as they were previously constituted - unconstitutional), that's exactly what Hamdan's attorney's were asking for, that he be tried by courts-martial because that proceeding respects the Geneva Conventions.

Yesterday, the military court ruled that the act Congress passed after Hamdan v. Rumsfeld changing and approving the military tribunals didn't grant the court jurisdiction over the two prisoners (Hamdan himself and Kadr - who was 15 when he was captured) because the government had them classified as "enemy combatants" and the law Congress wrote gave them jurisdiction to try only "unlawful enemy combatants."

Answer 2

The cases were dismissed because, while they are being held as "enemy combatants", the law only allows the prosecution for terrorism of "unlawful enemy combatants", and the government hasn't shown that the men in question were "unlawful".

They are still being held as prisoners of war until the cessation of hostilities (we'll be feeding them for the rest of their lives, and ours).

As those above have correctly pointed out, only active-duty US military personnel are tried in courts-martial. That's the reason that one rapist/murderer vet is being tried in a civilian court, while his comrades are being court-martialled; he was discharged for mental illness before the whole story blew open.

Answer 3

If they are not in the US military they cannot be tried by mililtary courts martial.

If the detainees are not held as prisoners and are declared not in violation of Federal law they cannot be courts martialled.

Answer 4

Court Martials are for military personnal only, not EPWs.

Answer 5

they can't be court martialed.

in order to have that done, you need to be a member of the usa's military...