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[Download] "Some Observations on the Future of U.S. Military Commissions." by Case Western Reserve Journal of International Law " eBook PDF Kindle ePub Free

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

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eBook details

  • Title: Some Observations on the Future of U.S. Military Commissions.
  • Author : Case Western Reserve Journal of International Law
  • Release Date : January 22, 2009
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 300 KB

Description

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 oft he 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 111 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. I. INTRODUCTION


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