Small (but Key?) Decision by Military Commissions Appeals Court

On Friday a small but key decision in the case of bin Laden’s driver may signify that the military commissions appeals court is taking seriously the question of whether “material support” is really a war crime that’s appropriate for the military commissions. Miami Herald’s Carol Rosenberg reported on what this could mean for military commissions at Guantánamo.

HRF’s Daphne Eviatar laid out the argument last week why “material support for terrorism”, as well as conspiracy and other crimes charged, for example in the Khadr case, are not war crimes and don’t belong in a military commission. She was responding to David Glazier’s recent article suggesting that the Khadr trial itself is a war crime.

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Published on September 7, 2010

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