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Some Observations on the Future of U.S. Military Commissions

dc.contributor.authorNewton, Michael A., 1962-
dc.identifier.citation42 Case W. Res. J. Int'l L. 151 (2009)en_US
dc.descriptionarticle published in law journalen_US
dc.description.abstractThe 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.en_US
dc.format.extent1 PDF (22 pages)en_US
dc.publisherCase Western Reserve Journal of International Lawen_US
dc.subject.lcshMilitary courts -- United Statesen_US
dc.titleSome Observations on the Future of U.S. Military Commissionsen_US

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