Bush admininstration has been challenged by the court rulings on several occasion on the way they handled the issue of Guatanamo detainees. In 2004 the federal court stopped a proceeding involving a Yemeni suspect where he was being tried before a military commission. The judge ruled out that United States military had not convened a competent tribunal which could have determined that the suspect was not a prisoner of war under the international conventions of Geneva.
The Ruling was overturned later but it left a mark where the Bush administration had to come out with the proper systems through which the issue was guatanamo Bay detainee was to be handled. (Mahler, J 2008) The supreme court ruling in June 2006 scuttered the Bush administration attempts to try the detainnes using the military commission. The supreme Court judge ruled that the president did not have the powers to set up a war crime tribunal.
He declared the military commission illegal under the both Geneva Convention and the military justice system. Faced with these legal hurdles the bush adminstation started applying the combatants status where the detainees were to be held as the enemy combatants. In January 2005 the federal judge ruled that the usew combatant status to determine the detainees as enemy combatants was not constitutionaland the were entitled to the rights which are guaranteed by the United States constitution.
The reviews that were carried out on the same year found out thirty eight of the held prisoners were not combatants. The issue of Guatanamo bay was proving a hard nut to crack for the Bush adminstration,things were not made easier for his government as he was receiving criticism from all the corners. The president at one time hinted that he was determined to close the facility but added that proper mechanism must be put in place to try the suspects so that the victims of the terror activities can have justice too.
The way the government handled this issue was wanting as it was accused of all sorts of matter putting the country in a bad picture as far as human rights were concerned. The Obama administration has taken the bull on its head; this has been shown by the president’s decision to lay out a plan of closing the facility. The president has taken a major step towards correcting the policies that the previous administration policies regarding the detention and interrogation of the suspects at Guatanamo Bay.
Through issuance of an executive order the president was laying out a path through which the facility will be closed and a legal framework be put in place to ensure that the terrorism detainee have been tried. This marked the end of the Central Intelligence Agency’s enhanced method of interrogation which has painted the United States public image badly as far as human rights are concerned.
Through the orders issued by the president the interrogators cannot grill the detainees using any method that has not been authorized by the constitution. He revoked the previous executive orders in which the former president has exempted the CIA from the army field manual laws. He went ahead to direct the attorney general to look at other directives and regulations that the previous administration may have issued and may no longer be applicable. (Ackerman, S 2004)