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http://ssrn.com/abstract=1229462
 
 

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Beyond Guantanamo, Obstacles and Options


Gregory S. McNeal


Pepperdine University School of Law; Pepperdine University - School of Public Policy

August 15, 2008

Northwestern University Law Review Colloquy, Vol. 103, 2008

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.

Number of Pages in PDF File: 25

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

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Date posted: August 18, 2008 ; Last revised: August 31, 2010

Suggested Citation

McNeal, Gregory S., Beyond Guantanamo, Obstacles and Options (August 15, 2008). Northwestern University Law Review Colloquy, Vol. 103, 2008. Available at SSRN: http://ssrn.com/abstract=1229462

Contact Information

Gregory S. McNeal (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
Pepperdine University - School of Public Policy ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
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