Military Tribunals and International War CrimesQuicklink submitted by Susan Lee Schwartz Permalink
|General Martins the scholarly chief prosecutor of the military commissions system has engaged in an increasingly public dispute with the administration centered on an uncomfortable question he is refusing to drop:'is it valid for the United States to use tribunals to charge idiosyncratic American offenses like 'conspiracy,' even though they are not recognized as war crimes under international law?'... 'But how the United States handles these cases is going to influence how other countries in future wars treat captured Americans'....'Decisions about prosecuting detainees have become about what is feasible as opposed to what is rational. The constraints imposed by Congress are forcing officials into contorted positions which are particularly uncomfortable for military lawyers, who don't want to get near the 'third rail' of destroying reciprocity.'|
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