The Case Against Military Commissions, 96 Am. J. Int'l L. 337 (2002)
Why should the United States not have the option of trying suspected terrorists before military commissions? Two simple answers: First, the Military Order undermines the United States' perceived commitment to the rule of law and national confidence in U.S. judicial institutions at precisely the time when that commitment and confidence are most needed. Second, by failing to deliver justice that the world at large will find credible, the Military Order undermines the U.S. ability to lead an international campaign against terrorism under a rule-of-law banner.
Date of Authorship for this Version
Koh, Harold Hongju, "The Case Against Military Commissions" (2002). Faculty Scholarship Series. Paper 2107.