Secret Trials and Executions: Military Tribunals and the Threat to Democracy
Seven Stories Press, 2002 - History - 77 pages
Since the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism.
In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government.
To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.
What people are saying - Write a review
We haven't found any reviews in the usual places.
A MILITARY ORDER IS SIGNED
TO WHOM DOES THE MILITARY ORDER APPLY AND WHAT TYPES OF TRIALS DOES IT PERMIT?
WHAT ARE THE LEGAL AND HISTORICAL GROUNDS FOR THE MILITARY COMMISSIONS CREATED BY THE PRESIDENTS ORDER?
AMERICAS FOREIGN POLICY WITH REGARD TO THE USE OF MILITARY TRIBUNALS
accused Afghanistan Al Qaeda AMENDMENT RIGHTS American apply armed conflict armed forces Attorney authority charged citizens civil civilian combatant Commission Rules committed Congress congressional constitutional rights conviction courts-martial Covenant create crimes criminal defense counsel democracy Department detained detention due process enforcement Ex parte Quirn expressly federal courts Fifth Amendment Fourth Amendment Geneva Conventions guarantees habeas corpus human rights ICCPR immigrants individual international law international terrorism ISBN issue judicial review jurisdiction jury justice system law of war liberty mili military commissions Military Justice Military Order Military Trials military tribunals national security non-citizens obligations offenses permit person political POWs President President's principles proceedings protection provides public trial punishment Qaeda requirements secret Secretary of Defense sentence September 11 sions specific status Supreme Court Taliban tary terrorist activities tion tional tried by military U.S. Constitution UCMJ Uniform Code United unprivileged combatant USA PATRIOT Act violations writ of habeas