Document Type
Article
Publication Title
Case Western Reserve Journal of International Law
Publication Date
2009
ISSN
0008-7254
Page Number
151
Keywords
military commissions, combatants, terrorist, war crimes
Disciplines
Jurisdiction | Law | Military, War, and Peace
Abstract
The Obama Administration confronts many of the same practical and legal complexities that interagency experts debated in the fall of 2001. Military commissions remain a valid, if unwieldy, tool to be used at the discretion of a Commander-in-Chief. Refinement of the commission procedures has consumed thousands of legal hours within the Department of Defense, as well as a significant share of the Supreme Court docket. In practice, the military commissions have not been the charade of justice created by an overpowerful and unaccountable chief executive that critics predicted. In light of the permissive structure of U.S. statutes and the framework of international precedent, there is no requirement for complete consistency between the procedures applicable to military commissions and Article III courts. The synergistic efforts of the judicial, legislative, and executive branches makes the current military commissions lawful and without question established by law as required by international norms.
Recommended Citation
Michael A. Newton,
Some Observations on the Future of U.S. Military Commissions, 42 Case Western Reserve Journal of International Law. 151
(2009)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/641