Hass, Douglas A., “Crafting Military Commissions Post-Hamdan: The Military Commissions Act of 2006”. Indiana Law Journal, Vol. 82, Spring 2007 Available at SSRN.
“This Note summarizes whether terrorist attacks implicate the laws of war, what protections are due parties detained in the War on Terror, and concludes that only the laws applicable to non-international armed conflicts govern Al Qaeda’s attacks. After examining Justice Kennedy’s safe harbor in his Hamdan concurrence, the Note considers the procedures of the Military Commissions Act of 2006. In light of the Court’s decision in Hamdan, and provisions of the Geneva Conventions that it incorporates, the Military Commissions Act fails to uphold the fairness standards expressed by the Court. The Act would require significant revisions before it could withstand constitutional scrutiny, even in wartime.”
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