Terrorism and the Law of War »

The purpose of this book is to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. The book will first present an outline of the sources and principles of the law of war, including a discussion of whether and how it might apply to the current terrorist crisis. A brief explanation of the background issues and arguments surrounding the use of military commissions will follow. The book will then explore the legal bases and implications of applying the law of war under United States law, summarize precedent for its application by military commissions, and provide an analysis of the President's Military Order of November 13, 2001. Finally, the book discusses considerations for establishing rules of procedure and evidence that comport with international standards.

Ch. 1 Introduction 1

Ch. 2 Background 3

Ch. 3 Sources and Principles of the Law of War 7

Ch. 4 Legal Bases for Establishing Military Commission 17

Ch. 5 Analysis of President's Military Order 27

Ch. 6 Rules Applicable to the Military Commission 35

Appendix A Military Order of November 13, 2001 41

Appendix B Proclamation No. 2561 : Denying Certain Enemies Access to the Courts of the United States by the President of the United States of America 49

References 55

Index 77