In some parts of the country, during the war of 1812, our officers made arbitrary arrests and,
by military tribunals, tried citizens who were not in the military service.
Also, the post-9-11 experience has been that, contrary to common belief, civilian courts are actually a faster way of resolving cases of non-uniformed persons who commit violent, war - like acts than military tribunals and impose penalties that are just as harsh as those imposed
by military tribunals.
In some instances, the detention was pursuant to sentences imposed
by military tribunals for alleged offenses, death being the penalty in one.
«The offences cognizable by military commissions may thus be classed as follows: (1) Crimes and statutory offences cognizable by State or U.S. courts, and which would properly be tried by such courts if open and acting; (2) Violations of the laws and usages of war cognizable
by military tribunals only; (3) Breaches of military orders or regulations for which offenders are not legally triable by court - martial under the Articles of War.»
It thus adopted the system of military common law applied
by military tribunals so far as it should be recognized and deemed applicable by the courts, and as further defined and supplemented by the Hague Convention, to which the United States and the Axis powers were parties.
Article 12 makes triable by general court martial «any other person who, by the law of war, is [triable]
by military tribunals.»
Under his regime, many Republican figures fled the country, and those who stayed were tried
by military tribunals.
Not exact matches
It is, at least, apparent that the debates about humanitarian intervention
by military force in the last decade, about the creation of international criminal
tribunals in a number of cases, about the idea of a state's «universal jurisdiction» in cases of violations of the Genocide Convention or other «crimes against humanity,» about how far the global war on terror may proceed without violating the rights of states, and most recently, about the United - States - led use of force against the Saddam Hussein regime in Iraq, have all raised important points of positive and customary international law, and that in every one of these cases the outcome remains unsettled.
By which he means, no less than I do, killed in battle, imprisoned for life, or executed after a lawful but expeditious trial or
military tribunal.
The
military tribunal was determined to convict him and his 1.5 accomplices for committing treason, which in Ghana is punishable
by death.
The father of late Harun, Major General Mamman Jiya Vatsa, was a senior Nigerian Army officer and writer who was executed
by the government of Major General Ibrahim Babangida on 5 March 1986 following a
military tribunal death sentence for treason associated with an abortive coup.
As I researched the topic further, I discovered a trail of romance and tragedy, deceptive dealings
by J. Edgar Hoover, and a secret
military tribunal convened
by FDR.
By a 5 - 3 majority, the court struck down the
military tribunals system, holding the
tribunals inconsistent with
military law and the Geneva Conventions.
The first stage provides 6,755 pages of documents relating to the Medical Case, which was case 1 of the trials conducted
by the Nuremberg
Military Tribunals (USA v. Karl Brandt et al.), as well as analysis of many documents relating to cases 2 (USA v. Erhard Milch) and 4 (USA v. Oswald Pohl et al.).
Capitalizing on a deep pool of talent, resources and commitment, the firms successfully challenged the issue of the legality of the
military tribunals all the way up to the Supreme Court, garnering deserved accolades, while fending off efforts
by former Assistant Defense Department Secretary Cully Stimson to intimidate the firms into dropping the detainees» cases.
As summarized
by the SCOTUS Blog, in a 5 - 3 the Court held that President Bush did not have authority to set up the
tribunals at Guantanamo Bay, Cuba, and found the commissions illegal under both
military justice law and the Geneva conventions.
The Nuremberg Tribunal considered a number of factors relevant to its conclusion that the authors of particular prohibitions incur individual responsibility: the clear and unequivocal recognition of the rules of warfare in international law and State practice indicating an intention to criminalize the prohibition, including statements
by government officials and international organizations, as well as punishment of violations
by national courts and
military tribunals (id., at 445 - 47, 467).
They are
tribunals whose determinations are reviewable
by the
military authorities either as provided in the
military orders constituting such
tribunals or as provided
by the Articles of War.
10, of the Constitution to «define and punish... Offenses against the Law of Nations...» of which the law of war is a part, had,
by the Articles of War (10 U.S.C. § § 1471 - 1593), recognized the «
military commission» appointed
by military command, as it had previously existed in United States Army practice, as an appropriate
tribunal for the trial and punishment of offenses against the law of war.
Omar Khadr, a Canadian who was once the youngest prisoner held in the Guantanamo
military base before being transferred to a prison in Alberta in 2012, has been granted bail and could be released early next month while he appeals his murder conviction
by a U.S.
military tribunal.
Any person charged with an offence has the right... (f) except in the case of an offence under
military law tried before a
military tribunal, to the benefit of trial
by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
And also at TNR Online, Spencer Ackerman has an essay entitled «Down
By Law: Inside Guantanamo's
military tribunal.»