Too Little, Too Late? Why President Obama's Well-Intentioned Reforms of the Military Commissions May Not Be Enough to Save Them

68 Pages Posted: 30 Jan 2015

See all articles by John M. Bickers

John M. Bickers

Northern Kentucky University - Salmon P. Chase College of Law

Date Written: February 1, 2010

Abstract

Starting with President George W. Bush’s resuscitation of military commissions in November 2001, several sets of procedures have appeared under which the commissions would be conducted. After the Supreme Court expressed dissatisfaction about the initial set of rules, Congress restructured the commissions, and the administration of President Barack Obama announced a set of regulations based on the new federal statute. This paper examines three of President Bush’s initial choices in particular, and suggest that the path not taken in each of them would have done much to make the commissions more effective in the war of ideas the U.S. was engaging. This paper also evaluates the ways in which the changes made by the Obama Administration affect these areas. Finally, the paper concludes with an idea that absent from the discussion but which might prove the last, best hope for military commissions: internationalization.

Keywords: military commissions, military justice, international law

Suggested Citation

Bickers, John M., Too Little, Too Late? Why President Obama's Well-Intentioned Reforms of the Military Commissions May Not Be Enough to Save Them (February 1, 2010). Whittier Law Review, Vol. 31, No. 3, 2010, Available at SSRN: https://ssrn.com/abstract=2556891 or http://dx.doi.org/10.2139/ssrn.2556891

John M. Bickers (Contact Author)

Northern Kentucky University - Salmon P. Chase College of Law ( email )

Nunn Hall
Highland Heights, KY 41099
United States

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