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Topic: Military tribunal



  
 Military tribunal - Wikipedia, the free encyclopedia
Military tribunals have jurisdiction over any person under custody of the United States armed forces, no matter how it was captured or in what country it is, who is an enemy combatant and charged with crimes by a military authority.
Decisions made by a military tribunal cannot be appealed to federal courts, the only way to appeal is a petition for a panel of review which may include civilians as well as military officers, to review decisions.
Military tribunals are lead by a Presiding Officer designated by the Appointing Authority (which is the Secretary of Defense or other designated authority), the Presiding Officer does not take part of the final court decision.
http://en.wikipedia.org/wiki/Military_tribunal

  
 Military Tribunal Authorization Act of 2002
Second, on the length of detention, the bill authorizes detention of individuals subject to military tribunals for as long as the President certifies that the United States is in armed conflict with al Qaeda or Taliban forces in Afghanistan or elsewhere, or that an investigation, prosecution or post-trial proceeding against the detainee is ongoing.
In addition, the trial procedure statute of the Uniform Code of Military Justice, which is cited in the President's military order, recommends that the President apply to military commissions the principles of law and rules of evidence that are generally recognized by the federal district courts.
Military tribunals may be appropriate under certain circumstances, but only if they are backed by specific congressional authorization.
http://www.fas.org/irp/congress/2002_cr/s1941.html

  
 LLRX -- United States Military Commissions: A Quick Guide to Available Resources
Military Government and Martial Law), the validity and jurisdiction of military commissions was not fully tested until the Civil War.
The Supreme Court held that military rule could not supersede the civil courts in areas where the civil courts and government remained open and operational (e.g.
The Supreme Court upheld the jurisdiction of the commission.
http://www.llrx.com/features/military.htm

  
 AMERICAN BAR ASSOCIATION
Military commissions are subject to habeas corpus proceedings in federal court, at least as to persons present in the United States and to U.S. citizens.
The provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commission, provost court, or other military tribunals.
Quirin Court opined that Milligan, as a non-belligerent, was not subject to the law of war, and therefore not amenable to trial by a military commission.
http://www.darleenclick.com/aba_task_force.htm

  
 United Press International - International(p) - Military lawyers criticize tribunal
That maneuver was used against him in impeachment hearings, and actually became the basis for the writ of habeas corpus in England and ultimately the United States.
The director of the National Institute of Military Justice, an organization that tracks and analyses military justice issues, called the brief a "watershed" event for the American military's legal community.
The Al Odah case is expected to determine whether the Guantanamo prisoners may be tried without the right to an appeal in a U.S. civilian court.
http://www.upi.com/view.cfm?StoryID=20040114-072539-7001r

  
 The Avalon Project : Charter of the International Military Tribunal
The Tribunal shall have the right to take proceedings against a person charged with crimes set out in Article 6 of this Charter in his absence, if he has not been found or if the Tribunal, for any reason, finds it necessary, in the interests of justice, to conduct the hearing in his absence.
The expenses of the Tribunal and of the Trials, shall be charged by the Signatories against the funds allotted for maintenance of the Control Council of Germany.
In cases where a group or organization is declared criminal by the Tribunal, the competent national authority of any Signatory shall have the right to bring individual to trial for membership therein before national, military or occupation courts.
http://www.yale.edu/lawweb/avalon/imt/proc/imtconst.htm

  
 Paraguay12.013
And Articles 290 to 295 of the Code of Military Criminal Procedure provide for the constitution of extraordinary courts-martial to try Generals." In addition, in the case under consideration the decision of the Special Military Tribunal was appealed against and ruled on in a civil court.
Regarding the trial in the military jurisdiction, the State reported that on May 29, 1997, the President of the Republic had issued Decree Nº 17.365 constituting the Special Military Tribunal to try retired General Sindulfo Ruiz Ramírez and those found to be his accomplices and accessories after the fact.
It adds that the Special Military Tribunal directed that the petitioner was to remain under its jurisdiction and instructed him to appoint counsel.
http://www.cidh.org/annualrep/99eng/Inadmissible/Paraguay12.013.htm

  
 Boston.com / News / Nation / US filing in Moussaoui case would avert military tribunal
But, at that time, he did not say whether this objective would be sought by appealing the case in civilian court, or by transferring it to a military tribunal.
The Justice Department decided yesterday to keep the terrorism case against Zacarias Moussaoui in the regular courts rather than switch it to a military tribunal, filing an appeal that seeks to hold him directly responsible for the Sept. 11, 2001, attacks.
WASHINGTON -- The Justice Department decided yesterday to keep the terrorism case against Zacarias Moussaoui in the regular courts rather than switch it to a military tribunal, filing an appeal that seeks to hold him directly responsible for the Sept. 11, 2001, attacks.
http://www.boston.com/news/nation/articles/2003/10/08/us_filing_in_moussaoui_case_would_avert_military_tribunal

  
 Bush Orders Terrorist Trials by Military Tribunal
A military trial could also be held overseas, and Gonzales said there may be times when prosecutors feel a trial in the United States would be unsafe.
In either a military or a civilian court, any suspect would retain rights to a lawyer and to a trial by jury, the administration said.
"Military courts don't have the same kind of protections, you don't get the same rights as you do in a federal court.
http://www.commondreams.org/cgi-bin/print.cgi?file=/headlines01/1113-07.htm

  
 Military Tribunal FAQ By Chris Suellentrop
The military commission will be "the triers of both fact and law." Evidence that has "probative value to a reasonable person" in the commission's opinion may be admitted, meaning that normally inadmissible evidence such as hearsay may be allowed.
The very legality of the existence of the tribunals [can be challenged] through the federal courts system...The Supreme Court very well may hold its constitutional nose if asked to review the [tribunals], dismissing due process concerns and the like, and only review whether congress authorized tribunals of the type Bush created.
The order states that those tried cannot seek remedies in a U.S. court, foreign court, or international court.
http://slate.msn.com/?id=2059341

  
 Scotsman.com News - Guantánamo Bay - 'Military tribunal' for Guantanamo Britons
The documents also indicate military officials hearing the cases will presume the men are enemy combatants and they will have limited rights to call witnesses while second-hand information and hearsay, which would not be admissible in a normal US court, will be allowed.
"The tribunal is not bound by the rules of evidence such as would apply in a court of law," the documents are reported to say.
The Pentagon documents reportedly state the tribunals will work on the assumption that the case against the four men is "genuine and accurate".
http://news.scotsman.com/topics.cfm?tid=821&id=1135562004

  
 INTEL DUMP
Judicial inquiry, with its restrictive rules of evidence, orientation towards resolution of factual disputes in individual cases, and long delays, is ill-suited to determine such an issue as "military necessity." The necessity for prompt action was cogently stated by the Court in its Hirabayashi opinion.
The military tribunals are expected to take place at Guantanamo Bay, though the brief charging documents do not indicate when.
It marks the first time in the current series of court battles over this issue that a student organization has filed a brief supporting the military’s unrestricted ability to recruit on law school campuses.
http://philcarter.blogspot.com/2004_02_01_philcarter_archive.html

  
 Nuremberg War Crime Trials - The International Military Tribunal
The court itself was to determine the locale for the subsequent trials.
What is known as the "Krupp Trial" took place before a US military court in Nuremberg in 1948.
On 218 days of trials, testimony from 360 witnesses was introduced, some verbal, some written, some (236 witnesses) from the court itself, some from judges assigned to take testimony.
http://www.justiz.bayern.de/olgn/imt/imte.htm

  
 Feds Weigh Switching Moussaoui To Military Tribunal
Moussaoui's team has argued that the Frenchman of Moroccan descent would be denied his constitutional rights if he is not permitted access to witnesses who may be able to prove his innocence.
No decision has been made, but talks have been taking place amid concerns over requests made by Moussaoui and his team of stand-by lawyers who are seeking access to evidence and witnesses viewed by the government as sensitive.
Lawyers familiar with the case say District Judge Leonie Brinkema has the option of requiring the government to produce the evidence or the witnesses.
http://www.rense.com/general31/mils.htm

  
 International Military Tribunal for the Far East - Wikipedia, the free encyclopedia
A panel of eleven judges presided over the IMTFE, one each from victorious Allied powers (United States, Soviet Union, United Kingdom, France, the Netherlands, Republic of China, Australia, New Zealand, Canada, India, and the Philippines).
Avalon Project - Charter of the Tribunal and Rules of Procedure
Minear, Richard H. Victor's Justice: the Tokyo War Crimes Trial.
http://en.wikipedia.org/wiki/International_Military_Tribunal_for_the_Far_East

  
 Court TV Casefiles
The International Military Tribunal combined elements of Anglo-American and civil (continental) law.
In August 1945, the British, French, Americans and Soviets, meeting in London, signed the agreement that created the Nuremberg court, officially the International Military Tribunal, and set ground rules for the trial.
The London Charter set down the rules of trial procedure and defined the crimes to be tried.
http://www.courttv.com/casefiles/nuremberg/law.html

  
 Human Rights and Peace Law Docket
Britain indicted Def: 9 charges of ordering prisoners to be killed, specific cases in which prisoners killed in violation of laws, customs of war as found in int'l laws, laws of individual nations.
Count 1: crimes against humanity, including murder, extermination, imprisonment, genocide, constituting violations of law of nations, int'l conventions, general principles of criminal law, internal penal laws of countries in which crimes were committed, Control Council Law #10, Art II.
Exclusions: Treaty does not prevent use of military personnel, equipment for scientific research or other peaceful purposes, or carrying out aerial inspections in Antarctica; rights of states under int'l law re high seas not affected.
http://sunsite.berkeley.edu/meiklejohn/meik-peacelaw/meik-peacelaw-16.html

  
 International Criminal Tribunal For Afghanistan at Tokyo, 3/10/04
Corporations producing these weapons, heads of State, heads and personnel of Defense departments, military officers and others involved in decisions for its use, are liable to be criminally prosecuted before the International Criminal Court, or within national legal systems, and/or face suits for compensation.
General Richard B. Meyers, chairman of the Joint Chiefs of Staff of the United States military, admitted, that no US aircraft from any US air base, or from Norad, the joint US-Canadian Air Defense Command were mobilized or scrambled on 11 th September 2001 to protect the citizens of the United States.
Administration and Justice Department officials moved to prevent disclosure of evidence, that could be used in discovery proceedings, in Civil Law Suits filed by many families of 9.11 victims; Judge Hellerstein, hearing the suits has suspended 9.11 tort law suits, pending clarification of government's decision.
http://www.ratical.org/radiation/DU/ICTforAatT.html

  
 PM - Hicks to be tried by military tribunal
In the course of those discussions, it's been established that those tried before the military commissions will be entitled to the normal rights accorded to the accused in a criminal court.
Should a trial proceed, Mr Hicks would be provided with a US military lawyer paid for by the American Government, and may choose to engage a civilian lawyer.
His legal team has failed in having him released, despite several appeals, including to America's highest court.
http://www.abc.net.au/pm/content/2003/s895141.htm

  
 The Einsatzgruppen Case - Military Tribunal II Case 9
The Tribunal shall convene at Nurenberg, Germany, to hear such cases as may be filed by the Chief of Counsel for War Crimes or by his duly designated representative.
The Einsatzgruppen Case - Military Tribunal II Case 9
Trials of War Criminals Before the Nurenberg Military Tribunals Under Control Council Law No. 10, Volume IV, Washington, D.C.: U.S. Government Printing Office.
http://www.einsatzgruppenarchives.com/mt/order.html

  
 COURTTV.COM- TRIALS
It is therefore necessary to maintain outside the Reich proper a state military police capable in any situation of representing and imposing the authority of the Reich.
THE PRESIDENT: The Tribunal rules that at the present stage, this document cannot be used in cross-examination.
Because of the importance of this matter, not only for Goering but for other defendants, I object to this procedure, on the assumption that the same rules apply for cross-examination as examination in chief.
http://www.courttv.com/archive/casefiles/nuremberg/goeringb.html

  
 The Avalon Project : The International Military Tribunal for Germany
Rules of Procedure Adopted by Military Tribunal I in the Trial of the Medical Case (Case 1)
Please type your search term in to the box and press enter.
Rules of Procedure for the Trial of the German Major War Criminals : October 29, 1945
http://www.yale.edu/lawweb/avalon/imt/imt.htm

  
 U.S. Department of Defense - Military Commissions
Rescinded Documents - Links to presiding officer memoranda and military commission orders that have been rescinded
Appointing Authority - Links to Appointing Authority Decisions on Individual cases being tried by military commissions
http://www.defenselink.mil/news/commissions.html

  
 International Military Tribunal
The accused were common criminals who had disgraced their military ethos and tradition.
Those suspects whose acts were localised, would be tried by each of the four nations own war crime courts.
British Military and Criminal History in the period 1900 to 1999.
http://www.stephen-stratford.co.uk/imt.htm

  
 Online NewsHour: Pre-trial Hearing of the Detainees at Guantanamo Bay -- August 24, 2004
Even in the military justice system of court-martials, eventually cases may be appealed into the civilian justice system.
He even has a third challenge in federal court, challenging the tribunals.
NEIL LEWIS: Well, all the defense attorneys have had a most interesting approach to this.
http://www.pbs.org/newshour/bb/military/july-dec04/gbay_8-24.html

  
 The Seattle Times: Nation & World: Military tribunal ignored evidence on detainee
Under a court order, military tribunals have been reviewing detainees' cases.
"It suggests the procedure is a sham," Eugene Fidell, a Washington-based expert in military law, said of the Green ruling.
During tribunal hearings, a panel of military officers considers public and secret evidence, and the detainee is offered an opportunity to state his case and answer questions.
http://seattletimes.nwsource.com/html/nationworld/2002222099_detain28.html

  
 NY TIMES - BUSH "SEIZING DICTATORIAL POWER"
Intimidated by terrorists and inflamed by a passion for rough justice, we are letting George W. Bush get away with the replacement of the American rule of law with military kangaroo courts.
WASHINGTON -- Misadvised by a frustrated and panic-stricken attorney general, a president of the United States has just assumed what amounts to dictatorial power to jail or execute aliens.
He seizes the power to circumvent the courts and set up his own drumhead tribunals — panels of officers who will sit in judgment of non-citizens who the president need only claim "reason to believe" are members of terrorist organizations.
http://www.whatreallyhappened.com/seize.html

  
 Military tribunal
The code of military law written for the use of the United States Armed Forces.
German War Criminals Trial In-depth documentation of the proceedings of The International Military Tribunal with the hearings and findings of 1946, post WWII.
Tribunal administratif de Strasbourg Informations pratiques le tribunal administratif (TA) de Strasbourg.
http://www.serebella.com/encyclopedia/article-Military_tribunal.html

  
 State Military Tribunal Mission and Members
The tribunal has appellate jurisdiction, upon petition of an accused, to hear and review the record in all decisions of a court-martial after the review provided in the Michigan code of military justice.
The military appeals tribunal was created by Act 523 of the Public Acts of 1980, being section M.C.L. The tribunal consists of 5 members appointed by the governor, by and with the advice and consent of the senate, for a term of 4 years.
Notice of Public Meetings of the State Military Board
http://www.michigan.gov/dmva/0,1607,7-126-2363_2396-11955--,00.html

  
 CNN.com - Lawmakers criticize Bush's order for military tribunals - November 16, 2001
The order actually is not an executive order but a military order signed by the president as commander in chief.
An individuals chosen for such a military tribunal would have no right to a jury trial, no right to confront his accuser and there is no right to judicial review of the trial procedures or the sentence.
A military commission appointed by the secretary would decide guilt or innocence, what evidence to admit, and could even invoke the death penalty without a unanimous verdict of guilt.
http://archives.cnn.com/2001/US/11/16/inv.tribunals

  
 Military Tribunal
If, in the opinion of the civilized world, terrorism is an international problem, then terrorists must be tried in an International Court of Law in a neutral country.
MILITARY TRIBUNALS are the currency of tin-horn DICTATORSHIPS!!!.
MILITARY TRIBUNALS destroy our credibility across the globe and only play into the arguments of the terrorists who justify their evil deeds by declaring that America is THE GREAT SATAN which must be defeated.
http://www.militarytribunal.org/join.html

  
 washingtonpost.com: For Rights, a Wrong Choice
It flatly refuses to convene the special tribunals required by the Geneva Conventions to resolve doubts about the status of particular prisoners, even though we have routinely done so in such cases in the past.
The military lawyers assigned to represent the detainees complain that they can appeal a verdict only to a panel chosen by Defense Secretary Donald H. Rumsfeld.
It categorically denies that any of the more than 600 detainees at Guantanamo -- even those who served in the army of the former Afghan government -- qualify as prisoners of war.
http://www.washingtonpost.com/ac2/wp-dyn/A43571-2004Apr1?language=printer

  
 CNN.com - Rios cleared by military tribunal - Nov. 22, 2003
The case was first heard in a civilian court but dropped for lack of evidence.
The head of the tribunal closed the case through lack of evidence, said the player's lawyer, Marcos Vasquez.
It was passed on to the military tribunal because the police come under the defense ministry control.
http://www.cnn.com/2003/SPORT/11/22/tennis.rios.reut/index.html

  
 Lincoln Assassination Trial
On May 1, 1865, President Andrew Johnson ordered the formation of a military commission to try the accused persons.
The actual trial began on May 10th and lasted until June 30th.
However, the government did charge 8 people with conspiracy.
http://members.aol.com/RVSNorton/Lincoln18.html

  
 A Mixed Blog: Military Tribunal Rules
Military Tribunal Rules Violate the Rule of Law
This blog has changed to a new software provider, the active archives are now located here.
http://www.multiracial.com/archives/000261.html

  
 The Mazal Library
The IMT process held between November 14, 1945 and October 1, 1946 was held under the aegis of an international court with judges and prosecutors from the United States, Great Britain, the Provisional Government of France and the Union of Soviet Socialist Republics.
The Trials of War Criminals before the Nuernberg Military Tribunals (NMT) differ from the Trial of the Major War Criminals before the International Military Tribunal (IMT) in a number of different ways.
HTML was produced by Harry W. Mazal using Hot Metal Pro.
http://www.mazal.org/NMT-HOME.htm

  
 Military Tribunal II Case 9
Musmanno, Michael A., U.S.N.R, Military Tribunal II, Case 9: Opinion and Judgment of the Tribunal.
No comment is here needed on the statement which characterizes the defense of one's country as "cowardly," and the other equally astounding remark that the invader has the right to ignore international law.
But the Tribunal's policy throughout the trial has been to admit everything which might conceivably elucidate the reasoning of the defense.
http://www.einsatzgruppenarchives.com/trials/ideological.html

  
 Court TV: A Look Back at Nuremberg
The Creation of the Tribunal and the Law Behind It
Background on the theory and history behind the creation of the tribunal and a look at some of the major differences between the American system of justice and that used at Nuremberg.
Court TV News Editor Jim Lyons recently interviewed former American Nuremberg prosecutor Drexel Sprecher at his home in suburban Washington, D.C. Sprecher led the U.S. prosecution of Nuremberg defendants Hans Fritzsche and Baldur von Schirach.
http://www.courttv.com/casefiles/nuremberg

  
 USATODAY.com - Third Guantanamo captive faces military tribunal
U.S. and Australian officials have agreed that he will not face the death penalty and that if convicted, Hicks may serve his time in Australia.
Two alleged bin Laden bodyguards were charged in February and, along with Hicks, will face the first trials by U.S. military tribunal since World War II.
The charges against Hicks say that bin Laden was a frequent visitor to the camps in Afghanistan, and that Hicks once asked the al-Qaeda leader why the group's training manuals were in Arabic, not English.
http://www.usatoday.com/news/world/iraq/2004-06-10-guantanamo-hicks_x.htm

  
 Nurnberg --  Encyclopædia Britannica
series of trials held in Nürnberg, Germany, in 1945–46, in which former Nazi leaders were indicted and tried as war criminals by the International Military Tribunal.
http://www.britannica.com/eb/article?tocId=9056528&ref=news0505ARCif

  
 Welcome to The Official site of The Universal Zulu Nation
The Avalon Project : The International Military Tribunal for Germany
http://www.zulunation.com/INTERNATIONALLAW.html

  
 Search:tribunal records - OXiDE
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http://www.tribunalrecords.com

  
 Turkish Military Tribunal (1919)
Home > International Affirmation > Turkish Military Tribunal (1919)
http://www.armenian-genocide.org/current_category.50/affirmation_list.html

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