Right to Assistance of Counsel in Military and War Crimes Trubunals: An International and Domestic Law Analysis

摘要

The dual purpose of this article is first to explore, and if possible, determine, what 1, international standards exist regarding minimum levels of defense representation in international and war crimes tribunals. Included in this later category are military commissions. The second purpose is to determine whether, in the current United States military commission scheme, defense counsel are expected to provide 'adequate representation' within the requirements of both domestic and international law. In light of the second purpose, this paper will analyze proposed military defense counsel representation of persons accused of committing war crimes against the United States, as well as to suggest a framework that meets both international and domestic standards.