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Moving the Central Military Commission Apparatus
2023Joseph Fewsmith, Nancy Hearst
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American Journal of International Law, 1948
The spotlight which has played on the international military trials at Nuremberg and elsewhere has left in relative darkness and obscurity the trials by the military commission of the American fighting and occupation forces.
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The spotlight which has played on the international military trials at Nuremberg and elsewhere has left in relative darkness and obscurity the trials by the military commission of the American fighting and occupation forces.
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The Constitutional Validity of Military Commissions
SSRN Electronic Journal, 2002This essay defends the constitutional validity of the Military Order issued by President Bush on November 13, 2001, which authorizes the establishment of military commissions to try certain non-citizens involved in terrorism. The essay begins by describing the ways in which military commissions have been used throughout U.S. history.
Curtis A. Bradley, Jack L. Goldsmith
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The proposed trials by the US Military Commissions
Yearbook of International Humanitarian Law, 2003On 11 September 2001 three hijacked commercial airliners were crashed into the World Trade Centre in New York, the Pentagon in Virginia, and a field in Western Pennsylvania, killing approximately 3,000 people. The unprecedented magnitude of these terrorist attacks led the United States government to assert that the acts were not just criminal acts but ‘
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Compatible Incentives and the Purchase of Military Commissions
The Journal of Legal Studies, 1998Abstract For several hundred years European armies staffed their officer corps through a system of purchase. Different ranks had different prices, and as officers moved through the ranks they would sell one commission in order to purchase the next. This basic observation, along with the large sums paid, seem incongruous with twentieth‐century views on ...
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Update on United States Military Commissions
Yearbook of International Humanitarian Law, 2007AbstractThis article provides a detailed update on the progress of the United States military commissions under the regime established by the Military Commissions Act of 2006 for the trial of detainees captured during the War on Terror for so-called war crimes.
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Military Commissions: A Concise History
American Journal of International Law, 2007As military commissions have been revived in the wake of the attacks of September 11,2001, interest has grown in the history of the institution. The United States Supreme Court, in Hamdan v. Rumsfeld, sketched out some historical notes and set forth a tripartite division between law-of-war commissions, martial law commissions, and occupation tribunals.
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Military Justice and the Original Intent of Military Commissions
2009Abstract The bush administration’s decision to use military commissions as the preferred means of adjudicating al Qaeda was not new for the United States government. Throughout our relatively short history, U.S. military commanders and presidents have relied upon this type of “special tribunal” as the best means to try crimes committed ...
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Introduction: The Military Commissions Saga
Journal of International Criminal Justice, 2005One of the key reasons why the Bush Administration opted to create the military commissions for trying terrorism cases was the desire to use classified information without having to face the risk that in some instances the government might be faced with a dilemma whether to reveal the classified information or drop the prosecution and free the ...
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Military Commissions in U.S. History
2009Abstract Beyond the uniqueue Colonial experience and the Founders’ intentions, military commissions have been used by American presidents numerous times over the past years. Field commanders or presidents in the War of 81 , the Mexican-American War, the Civil War, and the Second World War all used these procedures to try illegal ...
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