President Barack Obama on Monday approved the resumption of controversial military trials for suspected terrorists at the U.S. detention center at Guantanamo Bay, Cuba. The decision, which ends a two-year ban on military trials of detainees at the facility, is disappointing for some legal scholars.This quote is from an article on the Voice of America website.
On the one hand, I don't actually find military commissions to be that offensive. On the other hand, I don't actually think civil courts would do that bad a job either. The problem is, we have been running around the same rock for two years, trying to get this job done.
Of course there is Executive Order 13492, from 22 January 2009.
I am not a lawyer, but this new Executive Order,
PERIODIC REVIEW OF INDIVIDUALS DETAINED AT GUANTÁNAMO BAY NAVAL STATION PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE, seems to just carry things on as before.
I do agree with lawyer Mason Clutter who
says many of the detainees at Guantanamo Bay are being charged with material support of terrorism and conspiracy, and that it is debatable whether these charges qualify as war crimes.I am not clear on the idea that noncombatants can commit war crimes. While I don't support the Franco Prussian War solution of hanging them from lamp posts, I do see the sense in trying them in civilian courts for murder or accessory to murder or attempted murder.
We need a little more clarity for those of us outside the magic circle that is inside the Beltway.
Regards — Cliff