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Prosecution by Military Commission versus Federal Criminal Court: A Comparative Analysis

Volume 75 Number 1
June 2011

The author presents an overview of how the United States utilizes military commissions to prosecute suspected war criminals such as Omar Khadr, and how this process differs from criminal prosecution in U.S. District Court, drawing from the Military Commissions Act of 2009, the Manual for Military Commissions, and an interview with a member of the Office of Military Commissions at Guantanamo Bay.