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[[Presidency of George W. Bush|George W. Bush administration]] asserted they could withhold the protections of the [[Geneva Conventions]] from captives in the "[[War on Terror]]."<ref name=Bbc2002-01-21>
{{Cite news
|url = http://news.bbc.co.uk/2/hi/americas/1773140.stm
|title = Q&A: What next for Guantanamo prisoners?
|publisher = [[BBC News]]
|date = 2002-01-21
|accessdate = 2008-11-24
|quote =
|deadurl
|archiveurl =
|archivedate = 2008-11-24
|df =
}}
</ref> Critics argued the Conventions obliged the United States to conduct [[competent tribunal]]s to determine the status of prisoners. Subsequently, the [[US Department of Defense]] instituted [[Combatant Status Review Tribunal]]s, to determine whether the captives met the new definition of an "[[enemy combatant]]."
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The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.”<ref>{{Cite news |url=http://www.fas.org/sgp/crs/natsec/RS22173.pdf |title=Detainees at Guantanamo Bay: Report for Congress |publisher=[[Congressional Research Service]] |first=Jennifer K. |last=Elsea |authorlink=Jennifer K. Elsea |date=July 20, 2005 |accessdate=2007-11-10 |format=PDF}}</ref>
[[File:Trailer where CSR Tribunals were held.jpg|thumb|right|The trailer where CSRTs were convened.]]
From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Martin Mubanga was among the two-thirds of prisoners who chose to participate in their tribunals.<ref>[[OARDEC]], [http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005] {{webarchive|url=https://web.archive.org/web/20071203004301/http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_detainees_testimony.pdf |date=2007-12-03 }}, September 4, 2007</ref>
A [[Summary of Evidence (CSRT)|Summary of Evidence memo]] was prepared for the tribunal, listing the alleged facts that led to his detention.<ref name=CsrtMartinMubanga>[{{DoD detainees ARB|Set_53_3870-3959.pdf#1}} Summarized transcripts (.pdf)], from Martin Mubanga's ''[[Combatant Status Review Tribunal]]'' - pages 1-4</ref>
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