Military Tribunals
Military Tribunals: The Historical Guide to Constitutionality On November 13, 2001, President George W. Bush issued an executive order as part of the war against terrorism by authorizing the use of military tribunals to try international terrorists. These military tribunals apply specifically to non-citizens who are members of Qaeda or have "engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparations therefore, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, nations security, foreign policy, or economy, or has knowingly harbored... (such) individuals..." This executive order has raised concern for some in the country who are weary of the dangers to civil rights. In order to properly determine the constitutionality of military tribunals, it is important to understand exactly what a military tribunal is. Even armed with this knowledge, however, it is still necessary to determine if the use of military tribunals to try international terrorists violates the constitution? When faced with such an uncertainty, it is helpful to consider the historical uses of military tribunals. The lesson
gov/news/releases/2001/11/20011113-27. · An accused may refuse to testify during trial. Both the Chief Prosecutor and the Chief Defense Counselor must be judge advocates on any United States armed force. Burkhimer, "Military Government and Martial Law 351-369 (3d ed. " The presiding officer will have the authority to admit or exclude evidence, but only with just cause. The United States used military tribunals in the Philippines after the Spanish-American War. Presumably, not all detainees will even be brought before a military tribunal. Therefore, in cases where the accused has violated the law of war, history supports the use of military tribunals. The commission members, or jury, consist of three to seven military officers of any branch appointed by the Secretary of Defense.
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