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Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart

Gideon M. Hart

Over the past eight years, the use of military commissions at Guantanamo Bay has thrust this rarely used military venue into the forefront of public attention. Legal scholars have increasingly looked to the history of the commissions when addressing the debates over the proper and appropriate manner for their use. Despite this heightened interest in the history of these tribunals, scholars and commentators have assumed the underlying jurisdiction of commissions to try violations of the laws of war, devoting little attention to this topic. Contrary to various assumptions, military commissions have not always had jurisdiction over violations of the laws …