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Military Commissions and National Security Courts after Guantanamo

By International Association of Penal Law

View my essay, Military Commissions and National Security Courts after Guantanamo, Northwestern Law Review, Colloquy, 2008, written in response to Gregory S. McNeal’s article, Beyond Guantanamo, Obstacles and Options. Abstract: In the aftermath of 9/11, definitional uncertainty as to the status and rights of detainees has contributed to unending violations of civil and political rights for thousands of individuals held world-wide either directly by, or on behalf of, the United States.  While various terms have been used to label detainees including “enemy combatant,” “illegal belligerent,” and “enemy belligerent,” all fail to define the rights such individuals should be granted.  Admittedly, this process has been made more difficult by a continued inability–perhaps unwillingness– to define the conflict in a consistent manner...continue to full post

Full post as published by AIDP Blog on November 13, 2008 (boomark / email).