In 2006, the US Supreme Court ruled that the military commissions established by the executive order of President George W. bush were illegal. As a consequence, Bush approached Congress to have the commissions at Guantanamo Bay reinstated in legislative form.
Congress acquiesced and passed the Military Commissions Act of 2006, which strips away the right of detainees to rely on the Geneva Conventions and infringes on habeas corpus. The constitutionality of Congress's legislation is presently under consideration by the Supreme Court.
Given these circumstances - and Australia's willingness to accept David Hick's detention and trial in a legally suspect US tribunal - I take the imposition of a control order on Hicks with a grain of salt. What we are witnessing is a gross violation of the rule of law.
Published as a letter to the editor, 'The Australian', Dec 22-23 2007.