Competent Tribunal - United States

United States

Under U.S. military regulations, a Tribunal would be composed of:

Three commissioned officers; a written record of proceedings; proceedings shall be open with certain exceptions; persons whose status is to be determined shall be advised of their rights at the beginning of their hearings, allowed to attend all open sessions, allowed to call witnesses if reasonably available, and to question those witnesses called by the Tribunal, and to have a right to testify; and a tribunal shall determine status by a preponderance of evidence.

Possible determinations are:

  1. Enemy Prisoner of War.
  2. Recommended Retained Personnel (RP), entitled to EPW protections, who should be considered for certification as a medical, religious, or volunteer aid society RP.
  3. Innocent civilian who should be immediately returned to his home or released.
  4. Civilian Internee who for reasons of operational security, or probable cause incident to criminal investigation, should be detained.

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