Prosecuting Enemy Combatants
The Legality of President Bush's Military Tribunals
Buy Full Issue$19.95Excerpt
Shortly after the U.S. military campaign in Afghanistan
started in October 2001, the Nation’s armed forces began
capturing enemy combatants and receiving custody of individuals
held by U.S. allies. The disposition of these detainees
has been a hotly debated question ever since.
One such detainee is Salim Ahmed Hamdan, who was
captured by Afghani forces and turned over to the United States
in November 2001. He was ordered to stand trial
before a military tribunal set up by the Bush Administration.
Hamdan’s lawyers
challenged the proceeding’s legality in court, and the case was granted certiorari …
In This Issue
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Foreword
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Military Tribunals and the Court
Overview of Case Law Before Hamdan v. Rumsfeld, et al.
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Before the Court
The Justices Weigh in During Oral Argument
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Opinion of the Court
Salim Hamdan's Military Commission Is Illegal
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Pro & Con
Are the Military Commissions Established by the President to Try Alleged War Criminals in the "War on Terror" Illegal?
