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Appeals Court Limits Scope of Military Tribunals

 
 
oralloy
 
Reply Fri 12 Jun, 2015 02:43 pm
Quote:
In a 2-1 opinion, judges on the U.S. Court of Appeals for the D.C. Circuit invalidated the military commission’s conviction on conspiracy charges, because conspiracy is a domestic crime and not one recognized under the international law of war.

. . . .

If left undisturbed, the ruling "will categorically foreclose any military commission trial not based upon an established international war crime," American University law professor Stephen Vladeck argued in a blog post. The plotters of the Sept. 11, 2001, attacks may be the only ones who find themselves subjected to the military tribunals, he speculated.

http://thehill.com/policy/national-security/244836-split-court-overturns-military-commission-decision-for-gitmo

http://justsecurity.org/23788/al-bahlul-says-means/

http://www.cadc.uscourts.gov/internet/opinions.nsf/3EBDD9BA6454E1FB85257E620054E9E0/$file/11-1324-1557116.pdf


I wonder if it would be possible to set up an Article III court at Guantanamo.
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