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

Abstract

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.

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Document Details

Document Type
Technical Report
Publication Date
Jul 17, 2003
Accession Number
ADA415800

Entities

People

  • Joshua E. Kastenberg

Organizations

  • Air Force Institute of Technology

Tags

Communities of Interest

  • Biomedical
  • Energy and Power Technologies
  • Human Systems
  • Materials and Manufacturing Processes
  • Weapons Technologies

DTIC Thesaurus Topics

  • Air Force
  • Civil Rights
  • Civil War
  • Employment
  • Ethnic Groups
  • Geography
  • Governments
  • Human Rights
  • International Law
  • International Organizations
  • International Relations
  • Judiciary
  • Military Law
  • Military Tribunals
  • Prisoners Of War
  • Supreme Court
  • United States

Readers

  • Criminal Law
  • Systems Analysis and Design