1 For background on the detention of the prisoners and on the U.S. decision regarding their status, see Sean, D. Murphy, Contemporary Practice of the United States, 96 AJIL 470 (2002)Google Scholar. For a review of the Inter-American Human Rights Commission’s decision on the legal status of these detainees, see Sean, D. Murphy, Contemporary Practice of the United States, 96 AJIL 730 (2002)Google Scholar. For recent challenges to the detention in U.S. courts, see Sean, D. Murphy, Contemporary Practice of the United States, 96 AJIL 481 (2002)Google Scholar & 98 AJIL 188 (2004).

2 See U.S. Dep’t of Defense Press Release on Transfer of Afghani and Pakistani Detainees Complete, No. 180-04 (Mar. 15,2004); see also U.S. Dep’t of Defense Press Release on Transfer of Juvenile Detainees Completed, No. 057- 04 (Jan. 29, 2004). Department of Defense press releases are available at <http://www.dod.gov>.

3 See, e.g., Richard Boucher, Spokesman, U.S. Dep’t of State Press Statement on Transfer of Russian Nationals from Guantanamo, No. 2004/219 (Mar. 1,2004)Google Scholar, at<http://www.state.gov> (“The United States has transferred seven Russian nationals detained at Guantanamo to the control of the Government of Russia to face criminal charges relating to their terrorist activities during an armed conflict. The transfer is the result of discussions between our two governments over the past year, including assurances that the individuals will be detained, investigated and prosecuted, as appropriate, under Russian law and will be treated humanely in accordance with Russian law and obligations.”); U.S. Dep’t of Defense Press Release on Transfer of British Detainees Complete, No. 155-4 (Mar. 9, 2004)Google Scholar (“The British government has agreed to accept the transfer of these detainees and to take responsibility to ensure that the detainees do not pose a security threat to the United States or our allies.”); U.S. Dep’t of State Press Release on Transfer of Danish National from Guantanomo, No. 2004/180 (Feb. 19,2004) (“This decision is based on assurances provided by the Government of Denmark that it will accept responsibility for its national and take appropriate and specific steps to ensure that he will not pose a continued threat to the United States or the international community.”).

4 U.S. Dep’t of Defense Press Release on Secretary Rumsfeld Remarks to the Greater Miami Chamber of Commerce (Feb. 13, 2004)Google Scholar (stating that “some of these detainees will be tried before military commissions for serious crimes Some will be transferred back to their home countries if those countries are willing to take responsibility for them. Others who may no longer pose a continuing threat to our security will be released.”).

5 See U.S. Dep’t of Defense Press Release on DOD Announces Draft Detainee Review Policy, No. 143-03 (Mar. 3, 2004)Google Scholar.

6 U.S. Dep’t of Defense, Administrative Review Procedures for Enemy Combatants in the Custody of the Department of Defense at Guantanamo Bay Naval Base, Cuba (Draft Memorandum), para. 1 (Mar. 2, 2004), at <http://www.dod.mil/news/mar2004/d20040303ar.pdf>.

7 Id., paras. 2(B) (i)-(ii), 3(F) (i)-(iv).

8 Id , paras. 2(B) (i), 3(F) (v).

9 Id., para. 3(A) (i).

10 Id., para. 3(A) (ii).

11 Id., para. 3(A)(iii).

12 Id., para. 3(C).

13 Military Order of November 13, 2001: Detention, Treatment, and Trial of Certain Non-citizens in the War Against Terrorism, 3 C.F.R. 918 (2002), reprinted in 41 ILM 252 (2002)Google Scholar.

14 For background on the Military Commission Order and Instructions, see Sean, D. Murphy, Contemporary Practice of the United States, 97 AJIL 706 (2003)Google Scholar.

16 See U.S. Dep’t of Defense Press Release on President Determines Enemy Combatants Subject to His Military Order (July 3, 2003).

16 See U.S. Dep’t of Defense Press Release on Two Guantanamo Detainees Charged, No. 122-04 (Feb. 24, 2004).

17 Charge Sheet at para. 14, United States v. Al Bahlul (U.S. Mil. Comm’n n.d.), at <http://www.defenselink.mil/news/Feb2004/d20040224AlBahlul.pdf>.

18 Id, para. 15.

19 Charge Sheet at para. 19, United States v. Al Qosi (U.S. Mil. Comm’n n.d.), at <http://www.defenselink.mil/news/Feb2004/d20040224AlQosi.pdf>.