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Military tribunals
In Hamdan v. Rumsfeld, Roberts was part of a unanimous Circuit panel overturning the district court ruling and upholding military tribunals set up by the Bush administration for trying terrorism suspects known as enemy combatants. Circuit Judge A. Raymond Randolph, writing for the court, ruled that Salim Ahmed Hamdan, a driver for al-Qaeda leader Osama bin Laden,[29] could be tried by a military court because:
the military commission had the approval of the United States Congress;
the Third Geneva Convention is a treaty between nations and as such it does not confer individual rights and remedies enforceable in U.S. courts;
even if the Convention could be enforced in U.S. courts, it would not be of assistance to Hamdan at the time because, for a conflict such as the war against Al-Qaeda (considered by the court as a separate war from that against Afghanistan itself) that is not between two countries, it guarantees only a certain standard of judicial procedure without speaking to the jurisdiction in which the prisoner must be tried.
The court held open the possibility of judicial review of the results of the military commission after the current proceedings ended.[30] This decision was overturned on June 29, 2006, by the Supreme Court in a 5–3 decision, with Roberts not participating due to his prior participation in the case as a circuit judge.[31]
Sauce https://en.wikipedia.org/wiki/John_Roberts