Beyond Guantanamo, Obstacles and Options

25 Pages Posted: 18 Aug 2008 Last revised: 31 Aug 2010

See all articles by Gregory S. McNeal

Gregory S. McNeal

Pepperdine University - Rick J. Caruso School of Law; Pepperdine University - School of Public Policy

Date Written: August 15, 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.

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

Suggested Citation

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

Gregory S. McNeal (Contact Author)

Pepperdine University - Rick J. Caruso 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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