Torture and the Right to Fair Trial in the 9/11 Military Commissions

42 Pages Posted: 27 Apr 2020 Last revised: 26 May 2020

Date Written: April 24, 2020

Abstract

This article seeks to shine a light on the military commission cases taking place in Guantánamo. It aims to fill a gap in the legal literature about the interrelated nature of the prohibition against torture and the right to fair trial. It argues that the US government’s failure to directly address the issue of torture of the five 9/11 defendants directly undermines the capacity of the military commission to deliver justice in concert with accepted interpretations of the right to a fair trial because the breach of the prohibition against torture has not been vindicated.

Keywords: Torture, Fair Trial, Guantánamo, Military Commissions, 9/11, Terrorism

Suggested Citation

McCall-Smith, Kasey L., Torture and the Right to Fair Trial in the 9/11 Military Commissions (April 24, 2020). Edinburgh School of Law Research Paper No. 2020/09, Available at SSRN: https://ssrn.com/abstract=3584391 or http://dx.doi.org/10.2139/ssrn.3584391

Kasey L. McCall-Smith (Contact Author)

University of Edinburgh School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

HOME PAGE: http://www.law.ed.ac.uk/people/kaseymccallsmith

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