Following Historical Precedent: An Argument for the Continued Use of Military Professionals as Triers of Fact in Some Humanitarian Law Tribunals |
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| Authors: | Meyer Richard V |
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| Institution: | *Member of the Department of Law faculty at the United States Military Academy at West Point and a Lecturer-in-Law at Columbia Law School. The views expressed herein do not reflect the position of the Department of Defense. Thanks are owed to Lieutenant Colonel David ‘Max’ Maxwell, Lieutenant Colonel Mark Bridges and Captain Ryan Dunmire; however, the mistakes in this article are purely the author's. [richard.meyer{at}usma.edu] |
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| Abstract: | The military commissions at Guantánamo Bay have properlybeen the subject of much legal scrutiny and criticism. Theiruse of military officers as triers of fact, however, meritsfurther consideration. Salim Hamdan may have benefited fromhaving military officers decide his case. His panel was composedof highly educated military professionals who have dedicatedtheir lives in service of the law. Despite their enmity towardsthe accused, these officers were actually in a better positionto be sympathetic and understanding to the Hamdan defence thana civilian jury. The unique aspects of military service andcombat experience will also make them excellent partners withprofessional jurists in future humanitarian law tribunals. |
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