Update 30th September 2024: Our systems are now restored following recent technical disruption, and we’re working hard to catch up on publishing. We apologise for the inconvenience caused. Find out more
Chapter 21 addresses military commissions. Their history and evolution are described. During the Mexican-American War, they were a modest military law stopgap in foreign countries. The US Civil War and the Lieber Code (Chapter 2) made them what they are today: rough-edged military field tribunals to address the war crimes of foreign combatants. Their value was proved following World War II, when all the Allied states employed them. Guantánamo’s post-9/11 perverted version of military commissions, in the shadow of CIA black sites and “enhanced interrogations,” may have ended their utility: initiated by civilian political appointees with the aim of denying prisoners not just POW status but basic human rights and legal protections, Guantánamo’s military commissions have been an abject failure, brought to heel by civilian courts’ legal resistance and forced recognition of civilian legal oversight. Guantánamo’s record of eight convictions in eighteen years, three of which have been vacated, is proof of their legal ineffectiveness and moral hollowness.
Review the options below to login to check your access.
Log in with your Cambridge Higher Education account to check access.
If you believe you should have access to this content, please contact your institutional librarian or consult our FAQ page for further information about accessing our content.