When a rose is not a rose: Military Commissions v. Courts-Martial

The Military Commissions Act developed a judicial system based upon that of General Courts-Martial under the Uniform Code of Military Justice. The military commissions will use many of the same personnel and share some procedures with general courts-martial, but certain aspects show them to be very...

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Bibliographic Details
Main Author: Meyer, Richard V. (Author)
Format: Electronic Article
Language:English
Published: [S.l.] SSRN [2015]
In: Journal of international criminal justice
Year: 2007, Volume: 5, Issue: 1, Pages: 48-58
Online Access: Volltext (Resolving-System)
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Summary:The Military Commissions Act developed a judicial system based upon that of General Courts-Martial under the Uniform Code of Military Justice. The military commissions will use many of the same personnel and share some procedures with general courts-martial, but certain aspects show them to be very dissimilar. Specifically: the revised evidentiary rules on coerced statements, hearsay and classified evidence; the lack of speedy trial rights; the absence of a formal pre-trial investigation; and the failure to apply case law precedent. These differences will have significant secondary effects on the process that are not favourable to a defendant. As a result of both the primary and secondary effects of the differences, the commissions will provide significantly less due process to unlawful combatants than the general court-martial process will provide to their lawful combatant counterparts
Physical Description:Online-Ressource
ISSN:1478-1395
DOI:10.1093/jicj/mql098