Relocate GTMO Detainees to Stand Trial in the United States
Abstract
One element of President Obama s strategic vision is to close down the detention center at Guantanamo Bay, Cuba and relocate all detainees to the United States for prosecution. The President and the Justice Department claim that the legal processes for trying detainees from the Global War on Terrorism are unconstitutional and inconsistent with the national security and foreign policy interests of the U.S., and are not in the best interest of justice. Trying detainees in the Federal Court system Under Article III of the U.S. Constitution has provided some challenges for prosecutors and may possibly degrade national security. Additionally, the Federal Court under the Article III system does not possess a proper mix of expertise in military law and criminal law respectively and is not suitably outfitted to balance the fragile stability of military law, criminal law, intelligence needs, and human rights obligations. However a hybrid court system called the National Security Court System (NSCS) could be implemented and would provide the proper mixture of the military law model and the criminal law model with duty expert Judges, prosecution and defense teams that will have a full understanding of military law, criminal law, intelligence needs, and human rights obligations.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 16, 2011
- Accession Number
- ADA553126
Entities
People
- Rex D. Lynne
Organizations
- United States Army War College