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The Eyes Of The World: Charges, Challenges, And Guantánamo Military Commissions After Hamdan Ii, Christina M. Frohock
The Eyes Of The World: Charges, Challenges, And Guantánamo Military Commissions After Hamdan Ii, Christina M. Frohock
University of Miami National Security & Armed Conflict Law Review
Guantánamo military commissions are under a spotlight, scrutinized by the judiciary and the public. Just the word “Guantánamo” can trigger impassioned reactions from both advocates and detractors. This article takes a measured view, examining a recent opinion from the U.S. Court of Appeals for the D.C. Circuit, Hamdan v. United States (“Hamdan II”), that speaks to the legitimacy of military commissions convened in Guantánamo to try the September 11th defendants and others. While several media commentators seized on the opinion as striking a blow to Guantánamo proceedings, in fact the opinion approves military commissions and offers a roadmap for prosecutors. …