Word: tribunalsã
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...Jenny S. Martinez, a professor at Stanford Law School, called these courts the first “international human rights tribunals?? in a recent article. As such, they preceded a line of famous international courts, including the International Military Tribunal at Nuremburg (1945) and the International Criminal Tribunal for the Former Yugoslavia (1993). What makes the mixed-commissions system an apter analogy in terms of Darfur today, though, is the peacetime incentives behind its establishment...
...streets” rather than finding facts, critically scrutinizing evidence, and doing justice. Ditto for national security courts, which rarely deny a government claim or request. President Bush wants “terrorism” cases sent to specialized anti-terror courts (so-called “military tribunals??) for a reason; he cannot be absolutely certain of a conviction in a court devoted to truth and justice rather than to a perceived political necessity...
Both the Supreme Court and Congress have recognized tribunals?? use in such cases and several presidents have invoked military tribunals in wartime, Yoo said...
According to the order, non-citizens accused of terrorism and tried before the tribunals??including legal immigrants who are permanent residents—could potentially lose the presumption of innocence along with many other rights central to the American conception of fair play. Before this tribunal, suspected terrorists—and the standard for suspicion is significantly lowered by the order—could be denied the right to see the evidence that would be presented against them. The military tribunal would be able to convene any time and in any place, including in secret locations inside...
...tribunals?? defenders, some administration officials among them, have argued that members of the al Qaeda terrorist network have been responsible for acts so horrific and so affronting to basic human values that they no longer deserve a jury trial. Yet the purpose of a trial is to determine the facts, through the presentation to a jury of convincing evidence that has been tested through the adversarial system. Once an individual’s guilt has been established, the sentence may follow—but the punishment for accused terrorists, like that for suspected mass murderers and alleged serial...