Abstract: | Both the International Criminal Tribunal for the former Yugoslaviaand the US Military Commissions were set up to respond to extraordinaryjudicial challenges. But while the Yugoslav Tribunal has soughtto uphold internationally-recognized standards of human rights,the 2006 Military Commissions have amputated many of these rightsand created serious procedural impediments for defendants. Inso doing, the drafters of the 2006 Act have ignored a long andrespectable American legal tradition prevailing from Nurembergto the ICTY. |