Guantánamo and Beyond Exceptional Courts and Military Commissions in Comparative Perspective

The Guantanamo military commissions to try terror suspects are among the most controversial practices in the U.S. war on terror. Are special courts fair, or are they kangaroo courts? Are they necessary in terror cases, or do exist only because the government wants to cut corners on due process? Supporters point to the exceptional need for secrecy and security, and they dismiss civilian courts as cumbersome and inadequate for these unique cases. Critics point to rules tilted in favor of conviction, evidence tainted by torture, and courtrooms where the very microphones can be turned off in mid-hearing by CIA operatives out of the judge s control. This welcome book assembles essays by renowned experts who explore all the facets of military commissions at Guantanamo and elsewhere. They look hard at Guantanamo, but also at past special courts both in and out of the United States, from the military tribunals for American Indians in the nineteenth century, to special courts in Ireland, Canada, and Israel, to today s international criminal tribunals. Readers trying to understand what the Guantanamo commissions are about, but who are put off by advocacy rhetoric and incomprehensible legalisms, now have a comprehensive source that sheds welcome light on the remarkable turn of democratic governments to special courts in times of crisis. I warmly recommend this book. - David Luban, University Professor in Law and Philosophy, Georgetown University