* Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
This is tricky. How does it get decided what is a "competent national tribunal" for determining an effective remedy for someone being held as an "enemy noncombatant," having been snatched from their own country, and then transported to some other country, or into some kind of "no man's land." There needs to be a court of highest appeal. A person who has been caught up in a raid because a fellow national identified them as a terrorist to an occupying army needs to be able to appeal to a court that is not part of that occupying army's country.
Processing suspected Al Qaeda and Taliban detainees at Camp X-Ray at Guantánamo Bay, Cuba, January 2002. (© AFP / Shane T. McCoy)
