U.S. Military Commissions and Fundamental Guarantees for the Accused: Fixing the Rules to Meet Minimum Standards of International Humanitarian Law

摘要

In response to the September 11, 2001, terrorist attacks on the United States, the President has directed the establishment of military commissions. These military tribunals are to be available to try non-nationals accused of violations of the laws of war in the context of the 'war on terrorism'. The U.S. decision to possibly use military commissions to try international terrorists and their supporters has received significant criticism at home and abroad. Organizations as diverse as the American Bar Association and Human Rights Watch have expressed concern that such specially constituted tribunals may not provide fundamental protections to the accused. It is clear that military commissions are being subjected to close scrutiny to see if they will provide a full and fair trial. The idea that the United States would not provide minimal safeguards to an accused, terrorist or otherwise, contradicts Americans' faith in the rule of law.