Hamdan v. United States, 2012 U.S. App. LEXIS 21385 (D.C. Cir. Oct 16, 2012), holding that when the combatant committed the relevant conduct from 1996 to 2001, the international law of war did not proscribe material support for terrorism as a war crime, and the Military Commissions Act of 2006 did not authorize retroactive prosecution of crimes that were not prohibited as war crimes at the time the conduct occurred. Because material support for terrorism was not a pre-existing war crime, the combatant's conviction for material support for terrorism could not stand. Reversed United States v. Hamdan, 2011 U.S. CMCR LEXIS 1 (June 24, 2011), affirming the findings of guilt and sentence rendered in the trial by military commission.
Al-Nashiri v. MacDonald, 2012 U.S. Dist. LEXIS 65822 (W.D. Wa. May 10, 2012), denying complainant’s request for relief on the grounds that the Court does not have subject matter jurisdiction under 28 U.S.C. Sec. 2241(e)(2), and because the Convening Authority, as a government official, has sovereign immunity. Pending appeal before the U.S. Court of Appeals for the Ninth Circuit.
United States v. Al Bahlul, 2011 U.S. CMCR LEXIS 3, 820 F. Supp. 2d 1141 (Sept. 9, 2011), affirming the findings of guilt and sentence rendered in the trial by military commission. Pending appeal before the U.S. Court of Appeals for the D.C. Circuit.
Hamdan v Rumsfeld, 548 US 557 (2006), holding military commissions convened under the President’s Military Order of November 13, 2001 did not comply with U.S. or international law. This opinion reversed and remanded the opinion of the U.S. Court of Appeals for the D.C. Circuit in this case (Hamdan v. Rumsfeld, 415 F. 3d 33 (D.C. Cir. 2005)).
Hamdi v Rumsfeld, 542 US 507 (2004), holding that “due process demands that a citizen held in the United States as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decisionmaker.”
Rasul v Bush, 542 US 466 (2004), holding that “United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay.”
Johnson v. Eisentrager, 339 U.S. 763 (1950), upheld the jurisdiction of military tribunals to try non-resident enemy aliens abroad and limited access to U.S. federal civilian courts for non- resident enemy aliens detained abroad.
In re Yamashita, 327 U.S. 1 (1946), upholding trial by military commission of Japanese General Tomoyuki Yamashita.
Ex parte Quirin, 317 U.S. 1 (1942), upholding authority of the President of the United States to try certain persons by military commission.
Ex parte Milligan, 71 U.S. 2 (4 Wall.) (1866), holding that a military commission convened to try Lambdin Milligan did not have jurisdiction to try him because he was a citizen of Indiana, Indiana was not in rebellion, and civilian courts in Indiana continued to function.