Antiterrorism Military Commissions: The Ad Hoc DOD Rules of Procedure

19 Pages Posted: 14 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: June 12, 2014


This is a follow-up article on the Bush antiterrorism military commissions that addresses several improprieties even after new DOD rules of procedure and evidence were created. In particular, attention is paid to the rights to judicial review of detention; to review by a competent, independent, and impartial court; to trial before a regularly constituted, competence, independent, and impartial tribunal established by law, to fair procedure and fair rules of evidence; to counsel and effective representation; and to habeas corpus. Many of the points made here were also made by the Supreme Court later in Hamdan.

Keywords: Bush, counsel, detention, evidence, fair trial, habeas, Hamdan, impartial tribunal, independent tribunal, judicial review, military commission, regularly constituted, rules of procedure

Suggested Citation

Paust, Jordan J., Antiterrorism Military Commissions: The Ad Hoc DOD Rules of Procedure (June 12, 2014). 23 Michigan Journal of International Law 677 (2002), U of Houston Law Center No. 2014-A-42, Available at SSRN:

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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