The National Security Court System by Sulmasy Glenn;

Author:Sulmasy, Glenn;
Language: eng
Format: epub
Publisher: Oxford University Press, Incorporated
Published: 2009-08-15T00:00:00+00:00

Due Process

Military commissions traditionally offered little process whatsoever to “detainees.” As noted in Supreme Court jurisprudence and precedent, unlawful belligerents are not normally afforded much process at all. Despite the many who question the procedure, the MCA has ensured that the commissions will be fair. As former military prosecutor Kyndra Rotunda notes in her recent book, Honor Bound, the detainees were actually afforded a good deal of support, care, and reasonable process.103 Others, such as David Glazier, claim that the MCA takes away our long-standing position on promoting the rule of law. One would think, listening to the more strident critics of the MCA, that the United States is unilaterally denying citizens of other nations any rights whatsoever. Although not analogous to the civilian court process and not perfect by any argument, the Military Commissions Act does provide numerous rights and a great deal of process to unlawful belligerents. Despite the myriad policy flaws in having the military conduct these hearings, the commissions are actually rights-laden. The MCA provides rights that often go well beyond the procedures and protections of other systems—including virtually all international systems. There are numerous due process rights clearly afforded through the MCA, and one can argue that these rights actually reinforce the United States’ commitment to upholding the rule of law. Rotunda goes so far as to call the camps at Guatanamo analogous to Boy Scout camps. She writes, “To some extent, yes it is Club Gitmo. Detainees live in open bays and have up to 12 hours of exercise time each day… sports including basketball, soccer, and ping pong. They also enjoy an extensive library (Harry Potter translated into Arabic is among the most popular titles) … detainees receive the call to prayer five times a day… one asked the U.S. government to move his entire family to Gitmo.”104 Others continue to disagree—often vehemently.105 But the military commissions do in fact, as listed earlier, offer generous protections to the accused al Qaeda fighter.

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