by William Cobbs

Created on: August 13, 2008

The War Crimes trials should not be held at Guantanamo nor anywhere else in the jurisdiction of the United States.
We have an international tribunal in the Hague and are a member of it as are all of the civilized nations in the world. It is presently trying a war criminal from Bosnia...one may follow that trial to get an idea of how the international tribunal works.

But there are extremely important reasons why MILITARY courts should not try war criminals...note the usage "war criminals" and not the buzz word, terrorists.

America has let the United States government with careful contrived legislation give much too much freedom to military courts. When one analyses the motives behind this, they reflect a wanting of the death penalty for terrorists which does not exist in the International Court of the Hague, life imprisonment instead. But seekers of blood have contrived a new kind of court to try to have a capital punishment available.

Let us look at the usual and previous status of the military laws and courts:
First, to be tried, a culprit has to be in the American services and having broken its (military) laws, is subject to Courts Martial and whatever sentence is passed, including the death penalty.

The usual military court consists of a board of officers, usually of major or above, but sometimes not...in war time, a courts martial can be convened within a company in the field and sentence carried out there...but modern usage has even there required the approval of the Commanding General.

Once the sentence has been confirmed, and in particular in capital or death penalty cases, the sentence passes through chain of command AUTOMATICALLY,. The final court appeal is the Court of Appeals of Uniform Justice, seated in Washington, D.C. and having three judges and three commissioners. One judge is the Chief Judge, and he can act as tie-breaker, or simply re-hear any case where there is substntial complaint. The only relief above it, the court, is pardon by the President,rarely used.

American law uses a great deal of precedent, or reference to previously conducted trials.
There is only precedent WITHIN the Uniform Code Of Military Justice that the military may look for reasons to try, or confirm a sentence, or to carry-out a confirmed sentence.

In other words, any trial taking place in Guantanamo for an American soldier would be correct, and its outcome or sentence would then be pased up the chain of command, eventually reaching the three judges and three commissioners

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