The Army Lawyer recently republished a 2002 article by then-Major Timothy C. MacDonnell: Military Commissions and Courts-Martial: A Brief Discussion of the Constitutional and Jurisdictional Distinctions Between the Two Courts (available here).

We’ve kept an eye on the progress of the military commissions at Guantanamo over the years (coverage here). The article provides valuable context to those proceedings.

2 Responses to “Scholarship Saturday: Courts-Martial & Military Commissions”

  1. Charlie Gittins says:

    The Military Commissions have been a complete embarrassment.  Watching the stupid Government claims made to obfuscate and limit transparency has convinced me that we should never have gone down this road and should have used courts-martials and federal courts.  The over-riding consideration seems to be to keep secret the torture our Government sanctioned, approved, paid for with contractors and which allies permitted us to use their facilities to act like terrorists.  There have been some who have quit their jobs associated with these travesties of justice because they had crises of conscience and they are to be applauded for their moral courage.  Those that perpetuate these farces of “justice” will eventually find their own justice when they meet their maker.  Military Commissions are to justice as are Sharia “courts.” 

  2. Charlie Gitins says:

    I believe that my Letter to the Editor to the Washington Times may have been the first publicly printed objection to Military Commissions: https://cdt.org/files/security/011128washtimes.shtml