AR-190-8 Tribunal | Combatant Status Review Tribunal |
- Authorized to confirm that a captive is a lawful combatant.
- Authorized to determine that a captive is an innocent civilian.
- Authorized to determine that a combatant should be stripped of the protections of POW status, and can, subsequently, face war crime charges.
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- Authorized to confirm or dispute earlier, secret determinations that captives are "enemy combatants".
- Explicitly not authorized to determine whether captives qualify for the protections of POW status.
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- Three officers, presided by a field grade officer, make the determination, on the preponderance of the evidence.
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- Three officers, whose President is a field grade officer, make the determination, on the preponderance of the evidence. One of the officers must be a military lawyer.
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- Another officer, who does not share in the determination, support the officers making the determination. He or she collates the information the Tribunal bases its decision on. It is preferred that this be a military lawyer.
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- Two officers, who do not share in the determination, support the officers making the determination.
- The Recorder collates the information the Tribunal bases its decision on. The Recorders were military lawyers.
- The Personal Representative meets with the captive:
- explains the Tribunal's procedures; explained that participation was voluntary
- goes over the unclassified allegations against the captive, which they would be learning, for the first time;
- tries to get the captive to share their account of the incidents recorded in the allegations.
- determines whether the captive wanted to attend, submit a written statement, or allow the Tribunal to convene without their participation;
- if the captive doesn't attend, or is disruptive, and is removed, it is the Personal Representative's responsibility to present the captive's version of events.
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