BBC Radio 4's Law in Action was broadcast on Tuesday, 20 June, 2006 at 1600 BST.
This week, the US Supreme Court is expected to hand down a key ruling, which some believe could lead to the closure of the Guantanamo Bay detention camp.
Salim Ahmed Hamdan - allegedly Osama Bin Laden's bodyguard - is accused of conspiracy to commit crimes of war and faces trial by a military tribunal. He is challenging the legitimacy of the tribunals, in a case which strikes at the heart of President Bush's system for trying alleged terrorists.
Anthony Dworkin, founder of the Crimes of War project, analyses the case with the aid of Mr Hamdan's original prosecutor. Clive then speaks to Mr Hamdan's lead counsel in the case.
Contributors:
Jack Einwechter - former military prosecutor
Elisa Massimino - Washington director of Human Rights First
Jess Bravin - the Wall Street Journal's Supreme Court correspondent
Professor Neal Katyal - counsel for Hamdan
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