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Why Military Commissions Are the Proper Forum and Why Terrorists Will Have 'Full and Fair' Trials: A Rebuttal to Military Commissions: Trying American Justice
Captain (Capt.) Barry's article, Military Commissions: Trying American Justice, raises several issues regarding the upcoming military commission prosecutions of terrorists and their associates. The purpose of this article is to rebut some of his major points. The thesis of Capt. Barry's article appears to be that the military commissions do not satisfy "basic standards of American justice" because they "depart materially" from current practice and procedure in courts-martial. He also asserts that military commissions are flawed in other ways. His major criticisms can be fairly summarized as follows: commissions "set aside normal rules of evidence in favor of a generic 'probative value to a reasonable person' standard;" the role of defense counsel is unduly restricted; and the Chief Defense Counsel is actually "another member of the government (prosecution) team."
Judge Advocate General's Legal Center and School (United States. Army)
Borch, Frederic L., 1954-
2003-11
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Justice as a U.S. War Aim: The Legal Implications
This Naval War College Point Paper was prepared in response to the terrorist attacks on the United States on September 11, 2001. The Naval War College commissioned more than thirty papers addressing strategy and policy, operational concepts, and national security decision making related to the terror war. These papers were intended as contributions to U.S. national security policy deliberations, and to assist the U.S. Navy as it planned its response to future terrorist threats. The purpose of this Point Paper was "to examine the legal implications of declaring 'justice' a U.S. war aim."
Navy Warfare Development Command (U.S.)
Borch, Frederic L., 1954-
2001-11-14
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Use of Force in the War on Terror: A Legal Perspective
This Naval War College Point Paper was prepared in response to the terrorist attacks on the United States on September 11, 2001. The Naval War College commissioned more than thirty papers addressing strategy and policy, operational concepts, and national security decision making related to the terror war. These papers were intended as contributions to U.S. national security policy deliberations, and to assist the U.S. Navy as it planned its response to future terrorist threats. The purpose of this Point Paper was "to examine the basis for using force in combating international terrorism."
Navy Warfare Development Command (U.S.)
Borch, Frederic L., 1954-
2001-12-05
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Terror War: Is a Formal 'Declaration of War' Needed?
This Naval War College Point Paper was prepared in response to the terrorist attacks on the United States on September 11, 2001. The Naval War College commissioned more than thirty papers addressing strategy and policy, operational concepts, and national security decision making related to the terror war. These papers were intended as contributions to U.S. national security policy deliberations, and to assist the U.S. Navy as it planned its response to future terrorist threats. The purpose of this Point Paper was "to examine whether a declaration of war is necessary to combat international terrorism and those states that support it."
Navy Warfare Development Command (U.S.)
Borch, Frederic L., 1954-; Rostow, Nick
2001-10-12
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