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Original publisher: Washington : U.S. G.P.O., 2010. LC Number: KF27 .A7 2009zd OCLC Number: (OCoLC)703597876 Subject: Military courts -- United States. Excerpt: ... 11 So the point is the military commissions need to be clearly fair and well within international standards. I am satisfied that they are, and that the additional protections that will be provided will make them even more so. They should not be viewed as second-class justice. On the other hand, as we have said and you have said, it comes down to a policy call. Should the Administration decide in a given case to use Article III courts, that is totally appropriate, but they would need to explain why that is the preferred venue in a given case. Admiral M D. Congressman, in the President's National AC ONALD Archive speech he used the phrase ' ' whenever feasible ' ' in talking about the distinction between going to an Article III court and a military tribunal, a military commission. And we know that the Administration is working through a set of criteria - evaluation cri-teria to do that, to try to determine. So I think to answer your question, the proof will be - you know - when we understand the criteria that will be applied to make that determination, and then take a look at what cases are being referred to Article III and what cases are being referred to military commissions. Mr. M K. And, finally, do you think it makes a difference C EON whether the commissions are held at Gitmo or in the continental U.S.? LACK General B. No, sir, I don't. I believe that geography doesn't matter. These are law-of-war-based criminal prosecutions, and ge-ography does not affect the way we should draft the rules to accom-plish the process. AC ONALD Admiral M D. Congressman, I think this comes down to what do you believe these commissions are? And there are some that believe that these are law enforcement actions; that terrorists ought to be tried under a law enforcement model. That leads you into U.S. criminal law an
Fler böcker av United States. Congress. HouseReport of the Select Committee to Investigate Communist Aggression Against Poland, Hungary, Czechoslovakia, Bulgaria, Rumania, Lithuania, Latvia, Estonia, East Germany, Russia, and the Non-RussianPaperback 2011
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Prosecuting law of war violations: reforming the Military Commissions Act of 2006: Committee on Armed Services, House of Representatives
Bokrecensioner » Prosecuting law of war violations: reforming the Military Commissions Act of 2006: Committee on Armed Services, House of Representatives
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