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Kangaroo Court or Competent Tribunal?: Judging the 21st Century Military Commission


David W. Glazier


Loyola Law School Los Angeles


Virginia Law Review, Vol. 89, p. 2005, No. 8, December 2003

Abstract:     
President Bush's military commission order, based upon FDR's guidance for the 1942 trial of Nazi saboteurs, authorized procedures departing substantially from court-martial practice. This paper demonstrates the military commission, whose actual origin is traced to the Mexican War in 1847, differed from the statutory court-martial primarily in jurisdiction, not procedure. It argues that Article 36 of the Uniform Code of Military Justice should be read, particularly in light of developments in contemporary international law and the Charming Betsy canon, to require continued commonality between the two tribunals. This argument was substantially adopted by the district court in Hamdan v. Rumsfeld, 344 F. Supp. 2d 152, 166 n12, 169 n15, 170 n16 (D.D.C. 2004).

Number of Pages in PDF File: 89

Keywords: military commission, UCMJ, international law

JEL Classification: K14, K33

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Date posted: November 7, 2005  

Suggested Citation

Glazier, David W., Kangaroo Court or Competent Tribunal?: Judging the 21st Century Military Commission. Virginia Law Review, Vol. 89, p. 2005, No. 8, December 2003. Available at SSRN: http://ssrn.com/abstract=838286

Contact Information

David W. Glazier (Contact Author)
Loyola Law School Los Angeles ( email )
919 Albany Street
Los Angeles, CA 90015-1211
United States
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