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Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal
Hamdan V. United States: A Death Knell For Military Commissions?, Jennifer Daskal
Jennifer Daskal
In October 2012, a panel of the D.C. Circuit dealt a blow to the United States’ post- September 11, 2001 decade-long experiment with military commissions as a forum for trying Guantanamo Bay detainees. Specifically, the court concluded that prior to the 2006 statutory reforms, military commission jurisdiction was limited to violations of internationally-recognized war crimes; that providing material support to terrorism was not an internationally-recognized war crime; and that the military commission conviction of Salim Hamdan for material support charges based on pre-2006 conduct was therefore invalid. Three months later, a panel of the D.C. Circuit reached the same conclusion …
Don’T Expand The War On Terror, Jennifer Daskal, Stephen Vladeck
Don’T Expand The War On Terror, Jennifer Daskal, Stephen Vladeck
Jennifer Daskal
Congress should reject open-ended war and embrace a return to peace. Instead of expanding the Authorization for the Use of Military Force, Congress should consider repealing it once the withdrawal of our combat troops from Afghanistan has been completed. Law enforcement, intelligence gathering and other nonmilitary counterterrorism tools ought to be at the forefront of our fight against terrorism.