The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison With Proposed Legislation and the Uniform Code of Military Justice
Abstract
The Department of Defense recently announced it has filed formal charges against two of the detainees held at the U.S. Naval Station at Guantanamo Bay, Cuba in connection with the war against terrorism. The two will likely be tried soon by military commission convened pursuant to President Bush's Military Order (M.O.) of November 13, 2001 pertaining to the detention, treatment, and trial of certain non- citizens in the current war against terrorism. The M.O. has been the focus of intense debate both at home and abroad. Critics argued that the tribunals could violate the rights of the accused under the Constitution as well as international law, thereby undercutting the legitimacy of any verdicts rendered by the tribunals. The Administration has responded by publishing a series of military orders and instructions clarifying some of the details. The procedural aspects of the trials are to be controlled by Military Commission Order No. 1 (M.C.O. No. 1"). The Department of Defense has also released two more orders and nine "Military Commission Instructions," which set forth the elements of some crimes that may be tried, establish guidelines for civilian attorneys, and provide other administrative guidance. These rules have been praised as a significant improvement over what might have been permitted under the M.O., but some argue that the enhancements do not go far enough.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 10, 2004
- Accession Number
- ADA480107
Entities
People
- Jennifer K. Elsea
Organizations
- Library of Congress