Military Commissions in Guantánamo Bay: Giving 'Full and Fair Trial' a Bad Name

Abstract

This paper was presented at a symposium on Fulfilling the Legacy: International Justice 60 Years After Nuremberg, sponsored by Amnesty International, and published by the Gonzaga Journal of International Law. The article critiques the detention of enemy combatants by U.S. military forces at Guantanamo Bay, Cuba, and the adoption of the Military Commissions Act of 2006. The article arises from the author's representation of Omar Khadr, a Canadian citizen and one of the youngest detainees held at the base. Omar was 15 years old when captured in Afghanistan. He turned 21 years old in September 2007, having spent his adolescence in virtual isolation in Camps 5 and 6 at Guantanamo.

Keywords: Guantanamo, Military Commission, human rights, enemy combatant, criminal law, criminal procedure, Canada

JEL Classification: K14, K33, K41, K42