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GUANTANAMO AND BEYOND
The Military Commissions scheme established by President George W. Bush in November2001 has garnered considerable national and international controversy. In parallel withthe detention facilities at Guantanamo Bay, Cuba, the creation of military courts hasfocused significant global attention on the use of such courts as a mechanism to processand try persons suspected of committing terrorist acts or offenses during armed conflict.This book brings together the viewpoints of leading scholars and policy makers on thetopic of exceptional courts and military commissions with a series of unique contributionssetting out the current “state of the field.” The book assesses the relationship betweensuch courts and other intersecting and overlapping legal arenas including constitutionallaw, international law, international human rights law, and international humanitarian law.By examining the comparative patterns, similarities, and disjunctions arising from the useof such courts, this book also analyzes the political and legal challenges that the creationand operation of exceptional courts produce both within democratic states and for theinternational community.
Fionnuala Nı Aolain is concurrently the Dorsey and Whitney Chair in Law at the Universityof Minnesota Law School and Professor of Law at the University of Ulster’s TransitionalJustice Institute in Belfast, Northern Ireland. Professor Nı Aolain is the recipient of numer-ous academic awards and honors, including a Fulbright scholarship, the Alon Prize, theRobert Schumann Scholarship, a European Commission award, and the Lawlor fellowship.She has published extensively in the fields of emergency powers, conflict regulation, transi-tional justice, and sex-based violence in times of war. Her book Law in Times of Crisis (2006,with Oren Gross) was awarded the American Society of International Law’s preeminentprize in 2007 – the Certificate of Merit for Preeminent Contribution to Creative Scholar-ship. She is also the author of On the Frontlines: Gender, War, and the Post-Conflict Process(2011). She was appointed to the Executive Council of the American Society of Interna-tional Law in 2010 for a three-year term. She is Chair of the Board for the InternationalWomen’s Program OSI.
Oren Gross is the Irving Younger Professor of Law and the Director of the Institutefor International Legal and Security Studies at the University of Minnesota Law School.Professor Gross has received numerous academic awards and scholarships, including aFulbright scholarship and British Academy and British Council awards. Between 1986 and1991, Professor Gross served as a senior legal advisory officer in the international lawbranch of the Israeli Defense Forces Judge Advocate General’s Corps. Professor Gross’swork has been published extensively, and his articles have appeared in leading academicjournals such as the Yale Law Journal, Yale Journal of International Law, Michigan Journalof International Law, Minnesota Law Review, and Cardozo Law Review. His book Law inTimes of Crisis (Cambridge 2006, with Fionnuala Nı Aolain) was awarded the AmericanSociety of International Law’s preeminent prize in 2007 – the Certificate of Merit forPreeminent Contribution to Creative Scholarship. In 2008 he was elected as a member ofthe American Law Institute.
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Guantanamo and Beyond
EXCEPTIONAL COURTS ANDMILITARY COMMISSIONS INCOMPARATIVE PERSPECTIVE
Edited by
Fionnuala Nı AolainUniversity of Minnesota School of Law
Oren GrossUniversity of Minnesota School of Law
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Library of Congress Cataloging in Publication dataGuantanamo and beyond : exceptional courts and military commissions in comparativeperspective / edited by Fionnuala Nı Aolain & Oren Gross.
pages cmIncludes bibliographical references and index.ISBN 978-1-107-00921-9 (hardback) – ISBN 978-1-107-40168-6 (pbk.)1. Terrorism – Prevention – Law and legislation. 2. Courts of special jurisdiction.3. Military courts. 4. Terrorism – Prevention – Law and legislation – United States.5. Military courts – United States. I. Nı Aolain, Fionnuala, 1967– II. Gross, Oren.K5256.G83 2013343ʹ.0143–dc23 2013006439
ISBN 978-1-107-00921-9 HardbackISBN 978-1-107-40168-6 Paperback
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Do Phadraig O’ hAolain
To Rina and Yehoshua Gross
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Contents
Contributors page xi
Acknowledgments xxi
Introduction: Guantanamo and Beyond 1
Fionnuala Nı Aolain and Oren Gross
Part I. Military Commissions and Exceptional Courts inthe United States
1 The Development of an Exceptional Court: The History ofthe American Military Commission 37
David Glazier
2 Military Commissions in Historical Perspective: Lessonsfrom the United States – Dakota War Trials 55
Carol L. Chomsky
3 Contemporary Law of War and Military Commissions 73
Gary D. Solis
4 Military Commissions and the Paradigm of Prevention 95
David Cole
5 Prevention, Detention, and Extraordinariness 117
Fiona de Londras
vii
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viii CONTENTS
6 In Defense of Federal Criminal Courts for Terrorism Casesin the United States 137
Gabor Rona and Raha Wala
7 Exceptional Courts and the Structure of American MilitaryJustice 163
Stephen I. Vladeck
8 Exceptional Courts in Counterterrorism: Lessons from theForeign Intelligence Surveillance Act (FISA) 181
William C. Banks
Part II. Exceptional Courts and Military Commissions Elsewhere
9 The Law Working Itself Pure? The Canadian Experiencewith Exceptional Courts and Guantanamo 201
Kent Roach
10 Vicious and Virtuous Cycles in Prosecuting Terrorism:The Diplock Court Experience 225
John Jackson
11 Terrorism Prosecution in the United Kingdom: Lessons inthe Manipulation of Criminalization and Due Process 245
Clive Walker
12 Trying Terrorists: The Israeli Perspective 267
Emanuel Gross
13 Exceptional or Not? An Examination of India’s SpecialCourts in the National Security Context 283
Jayanth K. Krishnan and Viplav Sharma
Part III. International Law, Exceptional Courts, andMilitary Commissions
14 The Right to a Fair Trial in an Extraordinary Court 305
David S. Weissbrodt and Joseph C. Hansen
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CONTENTS ix
15 Approaches and Responses of the UN Human RightsMechanisms to Exceptional Courts and MilitaryCommissions 321
Alex Conte
16 Exceptional Courts and the European Convention onHuman Rights 341
Steven Greer
17 The Legitimacy Deficit of Exceptional InternationalCriminal Jurisdiction 361
Yuval Shany
Index 379
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Contributors
William C. Banks is recognized internationally as an expert on consti-
tutional and national security law and counterterrorism. He is Board of
Advisers Distinguished Professor at Syracuse University College of Law
and Director of the Institute for National Security & Counterterrorism.
Since 1987, when the Federation of American Scientists asked him to pro-
vide a legal perspective on first use of nuclear weapons, Banks has helped
set the parameters for the relatively new field of national security law.
Working with Steven Dycus, Arthur Berney, and Peter Raven-Hansen,
Banks wrote the leading text in the field. National Security Law was first
published in 1990 and is now in its fifth edition. Banks is also the author
of numerous other books, book chapters, and articles including Constitu-
tional Law: Structure and Rights in Our Federal System, Fourth Edition;
“Troops Defending the Homeland: The Posse Comitatus Act and the
Legal Environment for a Military Role in Domestic Counter Terrorism”;
and “Targeted Killing and Assassination: The U.S. Legal Framework.”
Carol L. Chomsky is a Professor of Law at the University of Minnesota
Law School. Her scholarly work has focused on the history of women
lawyers, American Indian legal history, and late-nineteenth-century
American legal history. She has coauthored an innovative contracts case-
book. She is a long-time board member of the Society of American
Law Teachers (SALT) and served as co-president from 2000 to 2002.
xi
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xii CONTRIBUTORS
She is past president of Minnesota Women Lawyers and is a member of
the American Law Institute. Professor Chomsky served as Coordinator
for the University of Minnesota’s Early Career Teaching Program: Pur-
suing Excellence in Multicultural Education from 1999 to 2004 and as
Co-Coordinator of the University’s Multicultural Fellows Program from
2003 to 2008.
David Cole is a Professor of Law at Georgetown University Law Center.
He is also a volunteer attorney for the Center for Constitutional Rights,
the Legal Affairs Correspondent for The Nation, a regular contributor to
the New York Review of Books, and a commentator on National Public
Radio’s “All Things Considered.” He has published widely in law jour-
nals and the popular press, including the Yale Law Journal, California
Law Review, Stanford Law Review, New York Times, Washington Post,
Wall Street Journal, and Los Angeles Times. He is the author of six books
including Less Safe, Less Free: Why America Is Losing the War on Terror
(2007), which won the Palmer Civil Liberties Prize for best book on
national security and civil liberties; Enemy Aliens: Double Standards and
Constitutional Freedoms in the War on Terrorism (2003), which received
the American Book Award in 2004; and No Equal Justice: Race and Class
in the American Criminal Justice System (1999), which was named Best
Non-Fiction Book of 1999 by the Boston Book Review and best book
on an issue of national policy in 1999 by the American Political Science
Association. His most recent book is The Torture Memos: Rationalizing
the Unthinkable (2009). Professor Cole has litigated many significant con-
stitutional cases in the Supreme Court, including, most recently, Holder
v. Humanitarian Law Project. Professor Cole has received numerous
awards for his human rights work, including from the Society of American
Law Teachers, the National Lawyers Guild, the ACLU of Southern
California, the ABA Section on Individual Rights and Responsibilities,
and the American-Arab Anti-Discrimination Committee.
Alex Conte is the Director of the International Commission of Jurists’
International Law & Protection Programmes and an Adjunct Professor
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CONTRIBUTORS xiii
at the Geneva Academy of International Humanitarian Law and Human
Rights. Dr. Conte is a New Zealand–trained lawyer. He was a criminal
law barrister for almost ten years, following which he entered academia
as a professor of international law. Dr. Conte has acted as a consultant
to the United Nations and the Organization for Security and Cooper-
ation in Europe. He has led and participated in the training of judges,
diplomats, practitioners, trial observers, and university undergraduate
and postgraduate students and has been a key-note speaker at a number
of conferences throughout the world. He holds undergraduate, masters,
and PhD degrees in law and was the 2004 New Zealand Law Foundation
International Research Fellow. His recent publications include the book
Human Rights in the Prevention and Punishment of Terrorism (2010).
Fiona de Londras is a Professor of Law at Durham Law School and
Co-Director of the Durham Human Rights Centre. Previously, she was
a faculty member at the University College of Dublin School of Law.
Widely published in the area of counterterrorism, human rights, and
comparative constitutional law, her research is broadly concerned with
mechanisms for maintaining constitutionalism – and particularly respect
for rights – at times of strain. Professor de Londras is coeditor of the
Irish Yearbook of International Law and an editor of Legal Studies, the
journal of the Society of Legal Scholars of the UK and Ireland. Her latest
book, Detention in the War on Terror: Can Human Rights Fight Back?,
was published by Cambridge University Press in 2011. She is a Visiting
Professorial Fellow of the University of New South Wales in Sydney.
David Glazier is a Professor of Law at Loyola Law School. Prior to joining
Loyola Law School, he was a lecturer at the University of Virginia School
of Law and a Research Fellow at the Center for National Security Law,
where he conducted research on national security, military justice, and the
law of war. He also served as a pro bono consultant to Human Rights First.
Before attending law school, Professor Glazier served twenty-one years
as a U.S. Navy surface warfare officer. In that capacity, he commanded the
USS George Philip, served as the Seventh Fleet staff officer responsible
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xiv CONTRIBUTORS
for the U.S. Navy–Japan relationship, the Pacific Fleet officer responsible
for the U.S. Navy–PRC relationship, and participated in UN sanctions
enforcement against Yugoslavia and Haiti.
Steven Greer is Professor of Human Rights at the University of Bristol
Law School and academician at the United Kingdom’s Academy of Social
Sciences. He has taught at several universities in the UK – and in Ger-
many, France, and Australia – and acted as consultant/advisor to various
organizations, including the Council of Europe and others in Northern
Ireland, Palestine, and Nepal. He was a Nuffield Foundation Visiting
Research Fellow at the Onati International Institute for the Sociology of
Law (Spain) and a British Academy Research Fellow at the University
of Bristol. He has published widely, particularly in the fields of crimi-
nal justice, human rights, and law and terrorism. Two of his books have
been short-listed for book prizes, and some of his published and other
work has been translated into half a dozen languages. Current research
projects include a book about human rights in the Council of Europe
and the European Union (coauthored by Professor Andrew Williams,
University of Warwick).
Emanuel Gross is a Professor of Law at the University of Haifa spe-
cializing in military law, law and morality, evidence, criminal procedure,
criminal law, and law and terrorism. He is a member of the editorial
board of Ius Gentium and served as a Deputy District Military Attorney,
a Deputy Chief Judge, and a Chief Judge in the Israel Defense Force. His
books include The Struggle of Democracy against Terrorism: The Suicide
Bombers – Do We Have Any Legal Answers for this Phenomenon? (2009);
The Rule of Law and Terrorism (2004); The Crown Witness (1989); and
The Struggling of Democracy against Terrorism: The Legal and Moral
Aspects (forthcoming).
Oren Gross is the Irving Younger Professor of Law and the Director of
the Institute of International Legal & Security Studies at the University
of Minnesota Law School. He has taught and held visiting positions at
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CONTRIBUTORS xv
Harvard Law School, Princeton University, the Institute for Advanced
Studies at the Hebrew University of Jerusalem, Benjamin N. Cardozo
School of Law, the Max Planck Institute for International Law and Com-
parative Public Law (Heidelberg, Germany), the Transitional Justice
Institute (Belfast, Northern Ireland), Queen’s University (Belfast, North-
ern Ireland), and the University of Santiago de Compostela (Spain). He
has received numerous academic awards and scholarships, including a
Fulbright scholarship and British Academy and British Council awards.
Professor Gross’s work has been published extensively. His articles have
appeared in leading academic journals (including the Yale Law Journal
and Yale Journal of International Law) and his book, Law in Times of
Crisis: Emergency Powers in Theory and Practice (2006), was awarded
the prestigious Certificate of Merit for Preeminent Contribution to Cre-
ative Scholarship by the American Society of International Law in 2007.
In 2008 he was elected as a member of the American Law Institute.
Joseph C. Hansen is an associate at the law firm of Gibson, Dunn &
Crutcher LLP. He graduated summa cum laude from the University of
Minnesota Law School, where he studied a concentration in International
Human Rights. He clerked on the U.S. Court of Appeals for the Third
Circuit for the Honorable Ruggero J. Aldisert. He has published several
articles on international humanitarian law and is the Vice Chair of the
ABA International Refugee Law Committee.
John Jackson is presently Professor of Comparative Criminal Law &
Procedure at the School of Law, University of Nottingham. He was
Dean and Professor of Criminal Law of the School of Law, Univer-
sity College Dublin, from 2008 to 2011, and Professor of Public Law at
Queen’s University Belfast from 1995 to 2008. From 1998 to 2000 he
was an independent assessor on the Northern Ireland Criminal Justice
Review, established under the Belfast Agreement, and he is a Parole and
Sentence Review Commissioner in Northern Ireland. His books include
Judge without Jury: Diplock Courts in the Adversary System (1995) (with
Sean Doran); The Judicial Role in Criminal Proceedings (2000) (coedited
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xvi CONTRIBUTORS
with Sean Doran); Standards for Prosecutors: An Analysis of the United
Kingdom National Prosecuting Agencies (2006) (with Barry Hancock);
Crime, Evidence and Procedure in a Comparative and International Con-
text: Essays in Honour of M R Damaska (2008) (coedited with Maximo
Langer and Peter Tillers); and, most recently, The Internationalisation of
Criminal Evidence: Beyond the Common Law and Civil Law Traditions
(2012). He is Book Review Editor of the Criminal Law Review, a member
of the UK Arts and Humanities Research Council Peer Review College,
and on the editorial board of the International Journal of Evidence &
Proof and The Irish Jurist.
Jayanth K. Krishnan is the Charles L. Whistler Faculty Fellow and Pro-
fessor of Law at the Indiana University Maurer School of Law. He
teaches courses in property, comparative law, and immigration. In 2012
he received the Indiana University Trustees’ Teaching Award. Professor
Krishnan’s academic research focuses on the legal profession, the behav-
ior of lawyers, law and globalization, and legal education, with a special
emphasis on how these areas intersect in India. He has written extensively
on these subjects, and his work has appeared in both highly reputed law
reviews and peer-reviewed journals. Professor Krishnan serves as the
head of the India Initiative at Indiana Law’s Center on the Global Legal
Profession. He also serves as the Law School’s representative to the
O. P. Jindal Global University (in Haryana, India) and is codirector of
the Law School’s Center for Law, Society, and Culture.
Fionnuala Nı Aolain is concurrently the Dorsey and Whitney Chair in
Law at the University of Minnesota Law School and Professor of Law at
the University of Ulster’s Transitional Justice Institute in Belfast, North-
ern Ireland. Professor Nı Aolain is the recipient of numerous academic
awards and honors including a Fulbright scholarship, the Alon Prize,
the Robert Schumann Scholarship, a European Commission award, and
the Lawlor fellowship. She has published extensively in the fields of
emergency powers, conflict regulation, transitional justice, and sex-based
violence in times of war. Her book Law in Times of Crisis (2006) was
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CONTRIBUTORS xvii
awarded the American Society of International Law’s preeminent prize
in 2007 – the Certificate of Merit for Preeminent Contribution to Creative
Scholarship. She is the author of On the Frontlines: Gender, War, and the
Post Conflict Process (2011). She was appointed to the Executive Council
of the American Society of International law in 2010 for a three-year
term and is Chair of the Board for the International Women’s Program
of the OSI.
Kent Roach is a Professor of Law and Prichard-Wilson Chair of Law and
Public Policy at the University of Toronto Faculty of Law, with cross-
appointments in criminology and political science. Professor Roach has
been Editor in Chief of the Criminal Law Quarterly since 1998. In 2002 he
was elected a Fellow of the Royal Society of Canada. Professor Roach’s
books include Constitutional Remedies in Canada (winner of the 1997
Owen Prize for best law book); Due Process and Victims’ Rights: The
New Law and Politics of Criminal Justice (short-listed for the 1999 Don-
ner Prize for best public policy book); The Supreme Court on Trial: Judi-
cial Activism or Democratic Dialogue (short-listed for the 2001 Donner
Prize); September 11: Consequences for Canada (named one of the five
most significant books of 2003 by the Literary Review of Canada); (with
Robert J. Sharpe) Brian Dickson: A Judge’s Journey (winner of the 2004
J. W. Dafoe Prize for best contribution to the understanding of Canada);
and The 9/11 Effect: Comparative Counter-Terrorism (winner of the 2012
Mundell Medal).
Gabor Rona the International Legal Director of Human Rights First,
advises Human Rights First programs on questions of international law
and coordinates international human rights litigation. He also represents
Human Rights First with governments and intergovernmental and non-
governmental organizations and the media and the public on matters
of international human rights and international humanitarian law (the
law of armed conflict). Before joining Human Rights First, Gabor was
a Legal Advisor in the Legal Division of the International Committee
of the Red Cross (ICRC) in Geneva. At the ICRC he focused on the
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xviii CONTRIBUTORS
application of international humanitarian and human rights law in the
context of counterterrorism policies and practices. He represented the
ICRC in intergovernmental, nongovernmental, academic, and public
forums, and his articles on the topic have appeared in the Financial
Times, the Fletcher Forum on World Affairs, and the Chicago Journal of
International Law.
Yuval Shany is Dean and Hersch Lauterpacht Chair in International
Law at the Law Faculty of the Hebrew University of Jerusalem. He also
serves as a board member in the International Law Forum at the Hebrew
University, a director in the Project on International Courts and Tri-
bunals, and a Senior Research Fellow at the Israel Democracy Institute.
Professor Shany has published a number of books and articles on interna-
tional courts and arbitration tribunals and other international law issues
such as international human rights and international humanitarian law.
He is the recipient of the 2004 American Society of International Law
book award (creative legal scholarship) and a 2008 recipient of a Euro-
pean Research Council grant awarded to pioneering research leaders.
He currently coordinates a research group studying the effectiveness of
international adjudication and is a member of a study group looking into
the relationship between substantive national and international criminal
law. He was appointed to the United Nations Human Rights Committee
in 2012.
Viplav Sharma is a graduate of the National Academy of Legal Studies
and Research University, Hyderabad. He clerked on the Supreme Court
of India for Justice Arijit Pasayat and worked at the law firm of Amar-
chand Mangaldas. Since 2010, he has been practicing as an advocate in
the Supreme Court of India.
Gary D. Solis is an Adjunct Professor of Law who teaches the laws of war
at the Georgetown University Law Center and is an expert on the laws
of war. He taught on the London School of Economics’s law faculty for
three years before joining the Department of Law at the United States
Military Academy. For six years he headed West Point’s law of war
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CONTRIBUTORS xix
program, receiving Phi Kappa Phi’s distinguished teaching award and, in
2005, the Apgar Award as the Military Academy’s outstanding instructor.
He retired from West Point in 2006. He is on the teaching faculty of
the International Institute of Humanitarian Law in San Remo, Italy.
Published monographs include Marines and Military Law in Vietnam;
Son Thang: An American War Crime; and The Law of Armed Conflict:
International Humanitarian Law in War.
Stephen I. Vladeck is a Professor of Law and the Associate Dean for
Scholarship at American University Washington College of Law. His
teaching and research focus on federal jurisdiction, constitutional law,
national security law, and international criminal law. A nationally recog-
nized expert on the role of the federal courts in the war on terrorism, he
was part of the legal team that successfully challenged the Bush adminis-
tration’s use of military tribunals at Guantanamo Bay, Cuba, in Hamdan
v. Rumsfeld, and has coauthored amicus briefs in a host of other major
lawsuits, many of which have challenged the U.S. government’s surveil-
lance and detention of terrorism suspects. Professor Vladeck, who is a
coeditor of Aspen Publishers’s leading national security law casebook,
has drafted reports on related topics for a wide range of organizations,
including the First Amendment Center, the Constitution Project, and the
American Bar Association’s Standing Committee on Law and National
Security. He is a senior editor of the peer-reviewed Journal of National
Security Law and Policy and a senior contributor to the Lawfare blog.
Raha Wala is an Advocacy Counsel in the Law and Security Program at
Human Rights First, where he advocates for U.S. counterterrorism and
national security policies that are consistent with human rights norms. He
graduated with honors from Georgetown University Law School, where
he served as managing editor of the Georgetown Journal of International
Law, co-president of Georgetown Law’s Amnesty International chapter,
and student co-director of the Iraqi Refugee Resettlement Fact-Finding
Project. While at Georgetown Law, Mr. Raha undertook internships at
Human Rights First, the Open Society Policy Center, the Human Rights
Law Foundation, and the Institute for International Law and Human
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xx CONTRIBUTORS
Rights. Raha received his JD from Georgetown University Law School
(2010) and his BBA in Finance and Political Science from the University
of Wisconsin-Madison (2005).
Clive Walker is Professor of Criminal Justice Studies at the School of
Law, University of Leeds. He was Director of the Centre for Criminal
Justice Studies from 1987 to 2000 and Head of the Law School from 2000
to 2005 and again in 2010. He has researched and written extensively
on terrorism issues. His books include The Prevention of Terrorism in
British Law (1992), Political Violence and the Law in Ireland (1989), and
The Anti-Terrorism Legislation (2009). His research has involved inter-
national publications and visiting professorships, and he is a regular con-
tributor to governmental and Parliamentary inquiries. Arising from his
appointment as a special adviser to a UK Parliamentary select commit-
tee is his book The Civil Contingencies Act 2004: Risk, Resilience and the
Law in the United Kingdom (2006). His latest research, supported by the
Arts & Humanities Research Council, is a comprehensive commentary,
Terrorism and the Law (2011).
David S. Weissbrodt is a distinguished and widely published scholar of
international human rights law. In 2005, he was appointed as the first
Regents Professor at the University of Minnesota Law School. Since 1998
he has also been the Fredrikson and Byron Professor of Law. He was the
Briggs and Morgan Professor of Law 1989–97 and the Julius E. Davis
Professor of Law 1985–86. He established the University of Minnesota
Human Rights Center and helped establish the University of Minnesota
Human Rights Library online. He has represented and served as an officer
or board member of the Advocates for Human Rights, Amnesty Inter-
national, the Center for Victims of Torture, the International Human
Rights Internship Program, Readers International, and the International
League for Human Rights.
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Acknowledgments
The completion of this book is the result of significant support from
a number of institutions and individuals. They include the University
of Minnesota Law School, which through the funding provided by the
Robina Foundation generously supported the conference entitled Excep-
tional Courts and Military Commissions: Comparative and Policy Per-
spectives. This gathering enabled the editors and many of the scholars
contributing to this volume to meet in Minneapolis in October 2009.
The conference facilitated a rare discussion between legal scholars from
numerous legal subfields on exceptional courts and military commis-
sions and allowed fruitful analysis to take place. We both remain deeply
indebted to Dean David Wippman for his ongoing support for this and
other research projects we undertake individually and collectively. Pro-
fessor Nı Aolain would like to thank Dean Paul Carmichael and col-
leagues at the University of Ulster’s Transitional Justice Institute in
Belfast, Northern Ireland. Her interest in exceptional courts was sparked
by long hours as a doctoral student spent observing Diplock Courts at
the Antrim Road Courthouse on the northwest side of the city of Belfast,
and lengthy hours of research observation spent in the Special Criminal
Court in Dublin, Ireland. Portions of the introduction were presented at
various conferences and roundtables including the LAPA reunion con-
ference at Princeton University in October 2010, the National Security
Forum at William Mitchell Law School in March 2009, and a Colloquium
on Exceptional Courts at the University of Minnesota Law School in
xxi
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xxii ACKNOWLEDGMENTS
March 2009. We undertook the final editing of this book at Harvard Law
School in the autumn of 2012, and we appreciate the time in Cambridge
to conclude the task.
Our collective debts are owed to the University of Minnesota Law
School library, and in particular to Mary Rumsey, the Law School’s for-
eign, comparative, and international law librarian. Mary has an uncanny
capacity to locate the most obscure sources and give advice on research
tangles big and small. John Berger has been an ever-patient editor and
friend, and we thank him for his continued enthusiasm for the projects
we undertake and his ongoing gentle prodding to keep us to our dead-
lines. A number of research assistants worked with us to check footnotes,
sources, and keep us up to date on the various changes and adaptions to
the military commission system in the United States and elsewhere. We
thank Peter Anderson, Emily Hutchinson, Laura Matson, and Kristen
Rau. Finally, we express gratitude to our three children – Aodhtan, Noa,
and Malachi – for their patience in accommodating two parents complet-
ing a collective project such as this.
www.cambridge.org© in this web service Cambridge University Press
Cambridge University Press978-1-107-00921-9 - Guantánamo and Beyond: Exceptional Courts and MilitaryCommissions in Comparative PerspectiveEdited by Fionnuala Ní Aoláin and Oren GrossFrontmatterMore information