Trial of the Accused Taliban and Al Qaeda Operatives Captured in Afghanistan and Detained on a U.S. Military Base in Cuba
A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should be tried in Article I tribunals.
Comparative and Foreign Law | Constitutional Law | Courts | International Law | Law and Politics | Military, War, and Peace
Date of this Version
Jaime Jackson, "Trial of the Accused Taliban and Al Qaeda Operatives Captured in Afghanistan and Detained on a U.S. Military Base in Cuba" (October 24, 2003). bepress Legal Series. bepress Legal Series.Working Paper 97.