![handle is hein.journals/nseclj6 and id is 1 raw text is:
2018]
NATIONAL SC UR1TY
LAW JOURNAL
THE GUANTANAMO BAY MILITARY COMMISSIONS:
A HISTORICAL PERSPECTIVE
Daniel Mandell*
The use of military commissions in the United States has a
history as old as the country itself This history makes it clear that
military commissions are tribunals of necessity, appropriately used
in circumstances where traditional tribunals are unavailable or
inappropriate. The Guantanamo Bay military commissions,
however, challenge this history. The purpose of this article is to
place the Guantanamo Bay military commissions in a historical
context and contrast with their eponymous predecessors. This
article reviews the use of military commissions throughout United
States history, noting how each prior use of commissions was
found to be appropriate or inappropriate depending on the
perceived need. This article then highlights how the Guantanamo
Bay military commissions are unique when compared to prior
military commissions and concludes that the historic need for a
trial would be better served if defendants charged with terrorism-
related offenses were tried in traditional federal Article Ill courts
rather than military commissions.
INTRODUCTION ..............................................2
1. THE NEED FOR TRIALS ....................................3
* BA, Tufts University, 2005; JD/LLM (International & Comparative Law), Duke Law
School, 2010; Associate, Cohen & Gresser LLP. All views expressed herein are the
author's in his individual capacity and should not be attributed to any other
organization.
1](ViewImageLocal?handle=hein.journals/nseclj6&div=1&collection=&method=preview&ext=.png&size=3)
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