Beyond Guantanamo, Obstacles and Options

Abstract

This essay focuses on the structure of the military commission system, to date left largely unaltered by Boumediene, but which Congressional reformers will need to modify in order to ensure fair trials. In Part 1, I identify three specific structural reforms necessary to improve military commissions. In Part 2, I focus on obstacles created by the current commissions system which will affect the ability of Congressional reformers to abolish military commissions or transition to national security courts.

Keywords: Guantanamo, military commission, terrorism, Geneva conventions, common article 3, tribunal, international criminal law, national security, national security courts, intelligence, executive forum discretion, political trials, political influence, boumediene, hamdan

JEL Classification: K10, K14, K19, K33, K4, H56