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Journal of International Criminal Justice Advance Access originally published online on March 18, 2009
Journal of International Criminal Justice 2009 7(1):43-61; doi:10.1093/jicj/mqp014
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© Oxford University Press, 2009, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Symposium

Following Historical Precedent

An Argument for the Continued Use of Military Professionals as Triers of Fact in Some Humanitarian Law Tribunals

Richard V. Meyer*

*Member of the Department of Law faculty at the United States Military Academy at West Point and a Lecturer-in-Law at Columbia Law School. The views expressed herein do not reflect the position of the Department of Defense. Thanks are owed to Lieutenant Colonel David ‘Max’ Maxwell, Lieutenant Colonel Mark Bridges and Captain Ryan Dunmire; however, the mistakes in this article are purely the author's. [richard.meyer{at}usma.edu]


  Abstract

The military commissions at Guantánamo Bay have properly been the subject of much legal scrutiny and criticism. Their use of military officers as triers of fact, however, merits further consideration. Salim Hamdan may have benefited from having military officers decide his case. His panel was composed of highly educated military professionals who have dedicated their lives in service of the law. Despite their enmity towards the accused, these officers were actually in a better position to be sympathetic and understanding to the Hamdan defence than a civilian jury. The unique aspects of military service and combat experience will also make them excellent partners with professional jurists in future humanitarian law tribunals.


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