Shouts from the desert

An ABC story today reports that a federal court in the United States has ruled that the Guantanamo tribunals violate the 5^th Amendment to the Constitution of the United States of America, which reads:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Since the Guantanamo tribunals were established by an executive act without any supporting law - constitutional, legislative or common law - there is no question that there is no "law", let alone "due process of law", involved in the conduct of Guantanamo tribunals. Additionally, the use of "no person" does not discriminate on the basis of nationality. The only question is whether this amendment extends to the territory of Guantanamo Bay. Unsurprisingly, the Bush administration disputes the ruling, and no doubt this will ultimately be decided by the Supreme Court of the United States.