Suspected Terrorists and what to Do with ThemNova Publishers, 2006 - Всего страниц: 138 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. On 13 November 2001, President George W. Bush issued a military order to provide for the detention, treatment, and trial of those who assisted the terrorist attacks on the two World Trade Center buildings in New York City and the Pentagon on September 11. In creating a military commission (tribunal) to try the terrorists, President Bush modelled his tribunal in large part on a proclamation and military order issued by President Franklin D. Roosevelt in 1942, after the capture of eight German saboteurs. This book also describes the procedures used by the World War II military tribunal to try the eight Germans, the habeas corpus petition to the Supreme Court, and the resulting convictions and executions. |
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Стр. 15
... Articles of War and subsequent statute , 116 the President has at least implicit authority to convene military commissions to try offenses against the law of war . ' Articles 18 and 21 of the UCMJ recognize the concurrent jurisdiction ...
... Articles of War and subsequent statute , 116 the President has at least implicit authority to convene military commissions to try offenses against the law of war . ' Articles 18 and 21 of the UCMJ recognize the concurrent jurisdiction ...
Стр. 16
... Articles of War , or the jurisdiction conferred by statute on courts- martial " by using the common law of war . 125 Military commissions tried more than 2,000 cases during the war and reconstruction period . 126 However , after the war ...
... Articles of War , or the jurisdiction conferred by statute on courts- martial " by using the common law of war . 125 Military commissions tried more than 2,000 cases during the war and reconstruction period . 126 However , after the war ...
Стр. 19
... article 82 of the Articles of War.140 The Attorney General opined in a letter to the President that the jurisdiction of the military was improper , noting He had not entered any camp , fortification or other military premises of the ...
... article 82 of the Articles of War.140 The Attorney General opined in a letter to the President that the jurisdiction of the military was improper , noting He had not entered any camp , fortification or other military premises of the ...
Стр. 20
... Article of War 15 with the addition of the wording " by statute or " before the words " by the law of war . ' The words " or elsewhere " remain in article 106 of the UCMJ . ' 146 World War II The post - World War II response to war ...
... Article of War 15 with the addition of the wording " by statute or " before the words " by the law of war . ' The words " or elsewhere " remain in article 106 of the UCMJ . ' 146 World War II The post - World War II response to war ...
Стр. 21
... article 63 of the Geneva Convention of 1929.151 The Supreme Court interpreted article 63 as applying only to offenses ... Articles of War to determine whether the procedures comported with the statute , but the Justices were unable to ...
... article 63 of the Geneva Convention of 1929.151 The Supreme Court interpreted article 63 as applying only to offenses ... Articles of War to determine whether the procedures comported with the statute , but the Justices were unable to ...
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accordance accused action acts aliens appears apply appointed argued argument armed conflict armed forces Army Articles attacks Attorney authority belligerents Biddle challenge charged Chief citing citizens civil courts civilian combatants Commander committed conduct Congress Constitution conviction Court courts-martial Cramer crimes criminal decision Defense denied detained determine direct eight enemy enter established evidence executive fact Frankfurter Geneva Conventions German habeas corpus hostile individual international law interpretation issued Judge Advocate July jurisdiction Justice language law of war limited martial military commission military order military tribunal Milligan necessary offenses officer operations opinion persons present President President's principles procedures proceedings proclamation prosecution protection punishment question Quirin reasons recognized record regulations requires responsibility Roosevelt Royall rules sabotage saboteurs Secretary sentence September statute Stimson Stone supra note Supreme Court territory terrorism terrorist treated treatment trial tried United views violations York
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Стр. 48 - Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death.
Стр. 51 - That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event...
Стр. 50 - That nothing contrary to or inconsistent with these articles shall be so prescribed : Provided further, That all rules made in pursuance of this article shall be laid before the Congress annually.
Стр. 50 - The President may, by regulations, which he may modify from time to time, prescribe the procedure, including modes of proof, in cases before courts-martial, courts of inquiry, military commissions, and other military tribunals...
Стр. 27 - No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Стр. 18 - President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
Стр. 47 - No. 100, of 1863 (Instructions for the Government of the Armies of the United States in the Field), and to have been decided in favor of the permanency of these regulations.
Стр. 27 - No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.
Стр. 26 - To this end the following acts are and shall remain prohibited at any time and in any place whatsoever...
Стр. 27 - To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him...