Antiterrorism Military Commissions: The Ad Hoc DOD Rules of Procedure
19 Pages Posted: 14 Jun 2014
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
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