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Academic Commentary
30 Mar 2015
by David M. Crane of Syracuse University College of Law

JURIST Guest Columnist David M. Crane of Syracuse University College of Law discusses enforcing the laws of armed conflict in an age of extremes... Shortly after three planes went into three buildings on September 11, 2001 the chief law enforcement officer of the US, Attorney General Albert Gonzalez declared that … [read more]


Professional Commentary
17 Nov 2014
by Kenneth Englade of

JURIST Guest Columnist Kenneth Englade, discusses military justice system in the context of the Haditha incident in 2005 ...Nine years ago this week a squad from Kilo Company, 3rd Battalion, 1st Marine Regiment, was returning from a routine re-supply mission on the outskirts of Haditha in western Iraq when it … [read more]


Professional Commentary
16 Sep 2014
by Robert Bracknell of

JURIST Guest Columnist Robert Bracknell, a career Marine officer, discusses ways to reform the military judicial system...For the past several years, the Department of Defense and the armed services have been thrashed by the media, victim interest groups, the civilian and military bars and Congress over military justice issues. Accusations … [read more]


Legal News
8 Nov 2013
by Samuel Franklin

[JURIST] The US Department of Veterans Affairs (VA) [official website] grants disability claims for Post-Traumatic Stress Disorder (PTSD) caused by in-service sexual trauma at significantly lower rates than it has granted claims for PTSD arising from other causes, says a report [PDF] released on Thursday by the American Civil Liberties … [read more]


Features
20 Jul 2013

During the course of the War on Terror, the US military detained hundreds of individuals as "enemy combatants"—a label the US government used to denote their legal status as unlawful combatants without protections under the Geneva Conventions. With military conflicts first in Afghanistan and later in Iraq, the number of … [read more]


Features
20 Jul 2013

On October 7, 2001, following the beginning of the War on Terror, the US military began detaining hundreds of suspected terrorists. Many of those captured were designated "enemy combatants" — a label coined by the administration of President George W. Bush to denote their legal status as unlawful combatants without … [read more]


Legal News
5 Feb 2013
by Daniel Mullen

[JURIST] Colonel James Pohl, the military judge presiding over the trial of suspected USS Cole bomber Abd al-Rahim al-Nashiri [JURIST news archive], on Monday ordered a mental health examination for the defendant to determine whether he is competent to stand trial. Nashiri is accused of masterminding the suicide bombing of … [read more]


Legal News
8 Nov 2011
by Jennie Ryan

[JURIST] The US Department of Defense [official website] on Monday released a guidebook [text, PDF] detailing the procedures to be followed in military commissions [JURIST news archive]. Changes to procedures introduced by the regulations include a provision that allows the judge in a military trial to approve the costs of … [read more]


Academic Commentary
19 Nov 2010

JURIST Guest Columnist Jordan Paust of the University of Houston says recent evidence shows that the US has enabled certain Nazi war criminals to avoid prosecution, but that it is incumbent upon the government to end such impunity by actively prosecuting and/or extraditing suspects to stand trial... In the past, … [read more]


Academic Commentary
18 Oct 2010

JURIST Guest Columnist Kevin Govern of Ave Maria School of Law says that despite the recent District Court decisions enjoining the Department of Defense from enforcing or applying "Don't Ask, Don't Tell," there remains a significant body of law allowing the military to demand what it considers "exemplary conduct" from … [read more]


Academic Commentary
10 May 2010

JURIST Guest Columnists Victor Hansen and Lawrence Friedman of New England Law | Boston say that fear and politics notwithstanding, trial in US federal court will be the best option in most, if not all, terrorism cases.... Since President Bush first announced a plan to create military commissions, in November … [read more]


Legal News
30 Apr 2010
by Jonathan Cohen

[JURIST] The US government on Friday charged [indictment, PDF] two Brooklyn men with conspiracy to provide material support [18 USC § 2339B materials] to al Qaeda [GlobalSecurity backgrounder; JURIST news archive]. The two men allegedly received at least $50,000 for providing al Qaeda with "computer advice and assistance, services, and … [read more]


Legal News
30 Apr 2010
by Jonathan Cohen

[JURIST] The US government on Friday charged [indictment, PDF] two Brooklyn men with conspiracy to provide material support [18 USC § 2339B materials] to al Qaeda [GlobalSecurity backgrounder; JURIST news archive]. The two men allegedly received at least $50,000 for providing al Qaeda with "computer advice and assistance, services, and … [read more]


Academic Commentary
15 Mar 2010

JURIST Contributing Editor Geoffrey S. Corn, Lt. Col. US Army (Ret.), a former Special Assistant to the Judge Advocate General for Law of War Matters and currently a professor at South Texas College of Law, says that no matter how much the military commission system for trying detainees is modified, … [read more]


Academic Commentary
12 Mar 2010

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says regularly constituted military courts-martial could be a plausible third option for federal prosecution of members of al Qaeda and the Taliban outside of federal district courts or US military commissions.....Where should we be trying members of al … [read more]


Academic Commentary
18 Sep 2009

JURIST Guest Columnist Benjamin Davis of the University of Toledo College of Law says that justice would be better served by former Bush Administration officials if they would talk to federal prosecutor John Durham about the administrative missteps that led to detainee torture at Abu Ghraib and Guantanamo Bay instead … [read more]


Academic Commentary
4 Aug 2009

JURIST Guest Columnists Victor M. Hansen and Lawrence M. Friedman of New England School of Law say that while there may be reasons not to try terror suspects in civilian courts in the United States, the problem created by the need to safeguard classified information is not one of them.... … [read more]


Legal News
8 Jul 2009
by Andrew Morgan

[JURIST] A former prosecutor at Guantanamo Bay [JURIST news archive] told the House Judiciary Committee [official website] Wednesday that the military commission [JURIST news archive] system used to try detained enemy combatants is "broken beyond repair." In testimony [prepared remarks, PDF] at a hearing [materials] before the Subcommittee on the … [read more]


Legal News
7 Jul 2009
by Andrew Morgan

[JURIST] Retired Rear Admiral John Hutson [academic profile], formerly the US Navy's Judge Advocate General [official website], argued [prepared statement, PDF] Tuesday that the Military Commissions Act of 2006 (MCA) [text, PDF] should be repealed rather than reformed. At a hearing [materials] before the Senate Armed Services Committee [official website], … [read more]


Academic Commentary
15 Jun 2009

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that a reconstituted military commission at Guantanamo Bay set up to only prosecute aliens would necessarily violate bilateral treaties, create a "denial of justice" for aliens under customary international law, and violate principles of human rights law … [read more]

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