Extraordinary justice : military tribunals in historical and international context /
"The Al-Qaeda terror attacks of September 11, 2001, aroused a number of extraordinary countermeasures in response, including an executive order authorizing the creation of military tribunals or "commission" for the trial of accused terrorists. The presidential order provoked a barrage...
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| Format: | Book |
| Language: | English |
| Published: |
New York :
New York University Press,
c2007.
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| Summary: | "The Al-Qaeda terror attacks of September 11, 2001, aroused a number of extraordinary countermeasures in response, including an executive order authorizing the creation of military tribunals or "commission" for the trial of accused terrorists. The presidential order provoked a barrage of criticism from the left and the right. Such commentators condemned the measure as an unnecessary and dangerous extension of government powers designed to undermine precious procedural liberties. Others upheld the president's order as a prudent policy maneuver necessary for defending national security. The Supreme Court weighed in on the matter with some controversial and deeply divided opinions, particularly in Hamdan v. Rumsfeld (2006). Congress, too, responded in kind." "Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and their relative successfulness in rendering justice in the extreme conditions occasioned by war, by placing them in comparative and historical context. Peter Judson Richards examines the tribunals as a national response to the incidents of war in four conflicts: the American Civil War, the British experience in the Boer War, the French practices of the First World War, and the allied measures of the Second World War." "Richards also considers the larger political, legal, and military context, addressing the scholarly and policy debates that invariably arise with the implementation of these extraordinary measures. While acknowledging the mixed record of the national tribunals, he concludes that enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use."--Jacket. |
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| Physical Description: | xi, 267 p. ; 24 cm. |
| Bibliography: | Includes bibliographical references (p. 247-260) and index. |
| ISBN: | 9780814775912 (cloth : alk. paper) 0814775918 (cloth : alk. paper) |