UPDATE ON UNITED STATES MILITARY COMMISSIONS

Abstract

This article provides a detailed update on the progress of the United States military commissions under the regime established by the Military Commissions Act of 2006 for the trial of detainees captured during the War on Terror for so-called war crimes. In particular, the author examines the plea and sentencing of Australian detainee David Hicks, the pre-trial developments in the case of Canadian detainee Omar Khadr, and the early litigation involving the detainees who have been dubbed the ‘September 11 co-conspirators’. The author also touches on the Supreme Court decision in Hamdan v. Rumsfeld, some of the significant features of the Military Commission Act, the recent federal court litigation in the case of Boumediene v. Bush, and the construction of the new military commission building at Guantanamo Bay Naval Base.