Exceptional Courts in Counterterrorism: Lessons from the Foreign Intelligence Surveillance Act (Fisa)
Guantanamo and Beyond: Exceptional Courts and Military Commissions in Comparative Perspective. Eds. Oren Gross & Fionnuala Ni Aolain. Cambridge, UK: Cambridge UP, 2013.
12 Pages Posted: 4 Feb 2015
Date Written: February 2, 2013
The Military Commissions scheme established by President George W. Bush in November 2001 has garnered considerable national and international controversy. In parallel with the detention facilities at Guantánamo Bay, Cuba, the creation of military courts has focused significant global attention on the use of such courts as a mechanism to process and try persons suspected of committing terrorist acts or offenses during armed conflict. This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current “state of the field.” The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.
Keywords: Cuba, Guantanamo Bay, counterterrorism policy, human rights, international law, military commissions, modern American history
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