"are not determined to have committed any hostile acts against the United States or its coalition allies."

Therefore, what you're talking about is people who, having been kidnapped at the instigation of the US, handed over to the US, and thereafter illegally imprisoned and tortured, have become active enemies of the US since their release.

Citing a memo prepared for him by his staff, Hunter proceeded to discuss some of the at least 10 detainees who have been released from Guantanamo Bay, or Gitmo, only to re-join the fight against the U.S. coalition bringing democracy to Afghanistan.

and how did they stop the military from running competent tribunals for each prisoner held in Guantanamo Bay...

So as of this morning, we have conducted 507 CSRT tribunals. So we've had hearings for 507 tribunals or for 507 detainees as of this morning.

4. Only 5% of the detainees were captured by United States forces. 86% of the detainees were arrested by either Pakistan or the Northern Alliance and turned over to United States custody. This 86% of the detainees captured by Pakistan or the Northern Alliance were handed over to the United States at a time in which the United States offered large bounties for capture of suspected enemies.cite

It is perfectly reasonable to assume that they were guilty, but released because the case could not be proven.

Now that ws 12/20/04. I would guess the remainder have been taken care of.

illegal combatants

Only 5% of the detainees were captured by United States forces. 86% of the detainees were arrested by either Pakistan or the Northern Alliance and turned over to United States custody

"You can receive millions of dollars for helping the Anti-Taliban Force catch Al-Qaida and Taliban murderers. This is enough money to take care of your family, your village, your tribe for the rest of your life. Pay for livestock and doctors and school books and housing for all your people.

Examples of evidence that the Government cited as proof that the detainees were enemy combatants includes the following: Associations with unnamed and unidentified individuals and/or organizations; Associations with organizations, the members of which would be allowed into the United States by the Department of Homeland Security; Possession of rifles; Use of a guest house; Possession of Casio watches; and Wearing of olive drab clothing

Article 4 A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
[...]
6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

Fifty-five percent (55%) of the detainees are not determined to have committed any hostile acts against the United States or its coalition allies

The detainee proffered that this witness was an ICRC employee who would testify that the detainee had previously been issued a POW identity card at a U.S. detention facility in Kandahar, Afghanistan. The Tribunal President initially determined that the witness was relevant, but after consultation with the Assistant Legal Advisor, she changed her determination. She based her decision on her conclusion that the Combatant Status Review Tribunals do not have the discretion to determine that a detainee should be classified as a prisoner of war

Panel Ignored Evidence on Detainee U.S. Military Intelligence, German Authorities Found No Ties to Terrorists

n Kurnaz's case, a tribunal panel made up of an Air Force colonel and lieutenant colonel and a Navy lieutenant commander concluded that he was an al Qaeda member, based on "some evidence" that was classified.

But in nearly 100 pages of documents, now declassified by the government, U.S. military investigators and German law enforcement authorities said they had no such evidence. The Command Intelligence Task Force, the investigative arm of the U.S. Southern Command, which oversees the Guantanamo Bay facility, repeatedly suggested that it may have been a mistake to take Kurnaz off a bus of Islamic missionaries traveling through Pakistan in October 2001.

"CITF has no definite link/evidence of detainee having an association with Al Qaida or making any specific threat against the U.S.," one document says. "CITF is not aware of evidence that Kurnaz was or is a member of Al Quaeda."

Another newly declassified document reports that the "Germans confirmed this detainee has no connection to an al-Qaida cell in Germany."

Justice Department lawyers told Azmy last week that the information may have been improperly declassified and should be treated in the foreseeable future as classified.

1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:

(a) That of being commanded by a person responsible for his subordinates;

(b) That of having a fixed distinctive sign recognizable at a distance;

(c) That of carrying arms openly;

d) That of conducting their operations in accordance with the laws and customs of war.

3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining P

4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

6. Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present Convention:

1. Persons belonging, or having belonged, to the armed forces of the occupied country,...

2. The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law

That of carrying arms openly;- Nope - And booby trapped dolls don't count.

I linked to a DOD press conference at 4:15PM on 2/18 that said tribunals have happened. Got a problem with that???

2. Article 5 says that "Should any doubt arise" as to the prisoner meeting the criteria of article 4 he will be treated as a POW .."until such time as their status has been determined by a competent tribunal."

The Tribunal President initially determined that the witness was relevant, but after consultation with the Assistant Legal Advisor, she changed her determination. She based her decision on her conclusion that the Combatant Status Review Tribunals do not have the discretion to determine that a detainee should be classified as a prisoner of war