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
Date Written: February 1, 2010
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: Suggested Citation