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)

15 Pages Posted: 4 Feb 2010

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: February 3, 2010

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.

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

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: https://ssrn.com/abstract=1547364 or http://dx.doi.org/10.2139/ssrn.1547364

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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