Nov. 8 (Bloomberg) -- A U.S. judge halted the trial of a Yemeni man accused of being Osama bin Laden's driver until a legal hearing determines whether he is a prisoner of war under the Geneva Conventions.

U.S. District Judge James Robertson in Washington ruled that the Military Tribunal established to try Salim Ahmed Hamdan, 34, violates federal and international law. The U.S. argues the detainees are ``enemy combatants'' who aren't protected by the Geneva Conventions.

Robertson rejected the U.S. Justice Department's argument that the Constitution and the commander in chief's inherent powers gives the president the authority to establish military tribunals. About 600 suspected members of al Qaeda are being held at the U.S. military base at Guantanamo Bay in Cuba.

``The government must convene a competent tribunal and seek a specific determination as to Hamdan's status under the Geneva Conventions,'' Robertson wrote. ``Until or unless such a tribunal decides otherwise, Hamdan has, and must be accorded, the full protections of prisoner-of-war.''

The Justice Department said it plans to seek a stay of the ruling and appeal. The U.S. has argued that the Geneva Conventions don't apply to the Guantanamo Bay detainees because al Qaeda is not a state and hasn't signed the pact.

`Protected' Status

``By conferring protected legal status under the Geneva Conventions on members of al Qaeda, the judge has put terrorism on the same legal footing as legitimate methods of waging war,'' said Mark Corallo, the Justice Department's director of public affairs, in a statement.

Hamdan was captured in Afghanistan in late 2001, following the Sept. 11 terrorist attacks in the U.S. He was detained by American military forces and transferred in 2002 to the Guantanamo Bay detention facility. Hamdan is charged conspiracy to attack civilians and terrorism.

One of the key differences between a military tribunal and a court-martial is the defendant in a tribunal may be prohibited from hearing information that the U.S. designates as ``classified.'' Hamdan's lawyers told Robertson that the government intends to exclude their client from the courtroom for two days during his trial while the government presents evidence.

Robertson wrote that ``the right to trial `in one's presence' is established as a matter of international humanitarian and human rights law'' as well as consistent with requirements for a court- martial convened under the Uniform Code of Military Justice.

``Today's decision sends a clear message that the fight against terrorism does not give the government license to disregard domestic and international law,'' said Anthony Romero, executive director of the American Civil Liberties Union, in a statement.

The case is Salim Ahmed Hamdan v. Donald Rumsfeld, 04-1519, U.S. District Court for the District of Columbia.

To contact the reporter on this story: Joyzelle Davis in Los Angeles at joydavis@bloomberg.net.

Last Updated: November 8, 2004 19:47 EST