Military Tribunals or Civilian Prosecution: The Dilemma of Unlawful Enemy Combatants

Brian Levin

Global Crime, 2006, vol. 7, issue 3-4, 379-406

Abstract: As twenty first century America grapples with an increasingly amorphous yet sophisticated terrorist threat, it is illuminating to examine the evolving role of military and civilian courts and laws in our history and their relationship to due process and civil liberties during times of conflict. Caught in the gray area are those individuals who came to be designated as unlawful enemy combatants. Not quite soldier, spy, saboteur, or common criminal these new stateless terrorists have been held by some to be at the complete mercy of the Commander-in-Chief. As history has shown, in the wake of armed conflict, executive authority is often enhanced and tolerated in the name of national security. However, when these broadened powers cease to be regarded as an immediate necessity, the levers of politics, the Courts, and diplomacy invariably act to define both the limits on governmental authority as well as the extent of individual protections.

Date: 2006
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DOI: 10.1080/17440570601093192

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