‘Unlawful Influence’ and the Al-Nashiri Military Commission at Guantánamo Bay

20 Journal of International Peacekeeping 219-229, 2016, DOI: 10.1163/18754112-02003005

SMU Dedman School of Law Legal Studies Research Paper No. 376

Posted: 11 Jan 2018

See all articles by Jeffrey Kahn

Jeffrey Kahn

Southern Methodist University - Dedman School of Law

Date Written: 2016

Abstract

This short essay is based on remarks made on 21 September 2016 at the Asia Pacific Military Justice Workshop held at the National University of Singapore Faculty of Law. The author discusses his perceptions as a designated observer for the National Institute of Military Justice at the military commissions held at the U.S. Naval Station at Guantánamo Bay, Cuba. He was sent to monitor oral argument of one of the most significant pre-trial motions in the commission trying Abd al-Rahim Hussein Muhammed al-Nashiri, the alleged mastermind of the USS Cole bombing. Al-Nashiri alleged unlawful influence by the civilian Convening Authority of the commission and moved to dismiss his prosecution with prejudice. The author examines the origins, argument, and resolution of this motion in the larger context of the commissions themselves, concluding that Guantánamo exemplifies the danger that U.S. State Department Legal Advisor William Taft perceived in “the temptations to cut corners.”

Keywords: Richard Kammen; Mark Martins; United States military commissions; Vance Spath; Al-Nashiri; unlawful command influence; Vaughn Ary; unlawful influence; Guantanamo Bay; Brian Mizer; USS Cole

Suggested Citation

Kahn, Jeffrey, ‘Unlawful Influence’ and the Al-Nashiri Military Commission at Guantánamo Bay (2016). 20 Journal of International Peacekeeping 219-229, 2016, DOI: 10.1163/18754112-02003005; SMU Dedman School of Law Legal Studies Research Paper No. 376. Available at SSRN: https://ssrn.com/abstract=3100417

Jeffrey Kahn (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
(214) 768-2792 (Phone)
(214) 768-4330 (Fax)

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