The Military Commissions scheme established by President George W.
Bush in November 2001 has garnered considerable national and
international controversy. In parallel with the detention
facilities at Guantanamo Bay, Cuba, the creation of military courts
has focused significant global attention on the use of such courts
as a mechanism to process and try persons suspected of committing
terrorist acts or offenses during armed conflict. This book brings
together the viewpoints of leading scholars and policy makers on
the topic of exceptional courts and military commissions with a
series of unique contributions setting out the current state of the
field. The book assesses the relationship between such courts and
other intersecting and overlapping legal arenas including
constitutional law, international law, international human rights
law, and international humanitarian law. By examining the
comparative patterns, similarities, and disjunctions arising from
the use of such courts, this book also analyzes the political and
legal challenges that the creation and operation of exceptional
courts produces both within democratic states and for the
international community.
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