The Right to a Fair Trial in the Era of Terrorism: Are Military Commissions the Solution?

Abstract

This essay deals with the current decision of the United States Government to use military commissions in order to try Guantanamo detainees. It examines the question of whether military commissions are able to uphold the right to a fair trial by analysing structural and procedural problems of military commissions. The author argues that the new procedures for military commissions fail to guarantee the right to a fair trial and that the federal court system is the preferable alternative