Sunday, July 19, 2015

From Roger Fitch and our Friends Down Under.... at Justinian.

DC Circuit panel recently ruled that conspiracy and other US-invented offences are not, in fact, war crimes, after the Al Bahlul military commission case was remanded by the circuiten banc
FindLaw aptly headlined "Military Tribunals Can't Try Terrorists for Civil Crimes", butWashington Legal Foundation's director wrote, "Appeals Court Confounds Military Justice by Importing Foreign Law into the US Constitution", ignoring the constitution's specific reference to the "law of nations" when setting out Congress's power in Art I, sec. 8. 
Steve Vladeck comments here and here.
The NY Times praised the decision.


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