Abstract

http://ssrn.com/abstract=1547364
 
 

Footnotes (13)



 


 



Brief of Amicus Curiae Human Rights Committee of the American Branch of the International Law Association in United States v. Ali Hamza Ahmad Suliman Al Bahlul Before the United States Court of Military Commission Review (23 Sept. 2009)


Jordan J. Paust


University of Houston Law Center

February 3, 2010

U of Houston Law Center No. 2010-A-3

Abstract:     
This friend of the court brief is like an essay demonstrating why the military commissions at Guantanamo Bay are not lawfully constituted. As demonstrated, the military commissions are not “regularly constituted” or “previously established in accordance with pre-existing laws” and are therefore without jurisdiction under relevant international laws. They are also not constituted within a theater of war or war-related occupied territory and are therefore without lawful jurisdiction. Additionally, they violate several multilateral and bilateral treaties (also important for our nationals abroad) that require equal protection of the law and equality of treatment more generally and are, therefore, without lawful power or authority under supreme laws of the United States.

Number of Pages in PDF File: 15

Keywords: bilateral treaty, Boumediene, common article 3, Constitution, discrimination, due process, equality, Geneva Convention, Hamdan, human right, ICCPR, jurisdiction, last in time, law of war, military commission, regularly constituted, rights under treaties, separation of powers, treaty, UCMJ

working papers series


Download This Paper

Date posted: February 4, 2010  

Suggested Citation

Paust, Jordan J., Brief of Amicus Curiae Human Rights Committee of the American Branch of the International Law Association in United States v. Ali Hamza Ahmad Suliman Al Bahlul Before the United States Court of Military Commission Review (23 Sept. 2009) (February 3, 2010). U of Houston Law Center No. 2010-A-3. Available at SSRN: http://ssrn.com/abstract=1547364 or http://dx.doi.org/10.2139/ssrn.1547364

Contact Information

Jordan J. Paust (Contact Author)
University of Houston Law Center ( email )
100 Law Center
Suite 230 BLB
Houston, TX 77204-6054
United States
Feedback to SSRN


Paper statistics
Abstract Views: 732
Downloads: 124
Download Rank: 129,313
Footnotes:  13

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.313 seconds