Military Tribunals: A terrible swift sword

Abstract

Following the 11 September 2001 terrorist attacks in the United States, Congress and President Bush have implemented several legislative and executive measures to respond to an ongoing terrorist threat. The most controversial of these measures is a Military Order issued by President Bush as Commander in Chief of the United States Military Forces, which provides for the detention and trial of non-United States citizen suspects before military commissions, in place of civilian courts. The Military Order recites the rhetorical and legal foundations of a nation at war and emphasises the exceptional circumstances of current events. The Order is based on a procedure last sanctioned by the United States Supreme Court for the World War Two trial of eight German saboteurs who secretly entered United States territory.