U.S. Military Tribunals

Paper Summary:

The paper argues that military tribunals are necessary and perfectly acceptable in post-9/11 America because there are constitutional and legislative precedents which allow for them. The paper asserts that as long as the President follows basic international laws vis-a-vis the treatment of prisoners who are detained and brought before American military tribunals, he is under no obligation to grant them the same constitutional rights and protections American citizens would enjoy in a civilian court-room.

From the Paper:

"Of course, critics of the existing military tribunals are legion - not least of all because the tribunals have in place laws that seem diametrically opposed to the procedural (even substantive) laws that have under-girded Anglo-American law for centuries. When the Bush Administration first set forth its guidelines for military tribunals near the end of 2001, the public outcry was considerable for the simple reason that the new measures seemed remarkably free of any rules at all. For instance, the Bush policy precluded any review of tribunal decisions by an independent court; as well, the rules of evidence were such that any material submitted for the tribunal's consideration was admissible just so long as it had "probative value to a reasonable person" (Knowland, para.8). Going further, convictions and sentencing required only a two-thirds vote and not unanimity."

Sample of Sources Used:

• Hongju Koh, Harold. "Against Military Tribunals." Dissent, 49.4 (2002): 58-62.
• Jeffery, Terence P. "Military Tribunals: Constitutional, Legal, and Just." Human Events, 57.44 (2001, November 26): 3-4.
• Knowland, Donald. "Pentagon Rules for Military Tribunals Violate Constitutional Rights." World Socialist Web Site. 2 Apr. 2002. International Committee of the Fourth International. 11 Mar. 2007 <http://www.wsws.org/articles/2002/apr2002/trib-a02.shtml>
• Krauthammer, Charles. "In Defense of Secret Tribunals," Time South Pacific 26 Nov. 2001: 100.
• Ex Parte Quirin 317 U.S. 1 [1942].

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