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6 Nat'l Sec. L.J. 1 (2018-2019)

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.


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