Citizendia
Your Ad Here

War

Military History
Eras
Battlespace
Weapons


Tactics
Strategy
Organization
Logistics
Lists

War Portal   v • d • e 
"Military commission" redirects here. War is an international relations Dispute, characterized by organized Violence between National Military units Military history is a Humanities discipline within the scope of general historical recording of armed conflict in the history of humanity Prehistoric warfare is War conducted in the era before Writing, and before the establishments of large social entities like States Historical warfare sets Ancient warfare is War as conducted from the beginnings of recorded History to the end of the ancient period Medieval Warfare is the warfare of the Middle Ages. In Europe technological cultural and social developments had forced a dramatic transformation in the character Early Modern warfare is associated with the start of the widespread use of Gunpowder and the development of suitable weapons to use the explosive Industrial warfare is a period in the History of warfare ranging roughly from the start of the Industrial Revolution to the beginning of the Information Age Modern warfare, although present in every Historical period of Military history, is generally used to refer to the concepts, methods and Battlespace is a unified strategy to integrate and combine Armed forces for the Military theatre of operations, including air, information Air power redirects here for electrical and mechanical energy supplied by air movement see Wind power Information warfare is the use and management of information in pursuit of a competitive advantage over an opponent Land warfare, sometimes also called ground combat is the term used to describe military operations eventuating in Combat that take place predominantly on the land surface of Naval warfare is Combat in and on Seas Oceans or any other major bodies of water such as large Lakes and wide Rivers History Space warfare is combat that takes place in Outer space, ie outside the Atmosphere. A weapon is a Tool used either in Hunting, or attack or defence in Combat for the purpose of subduing enemy personnel or to destroy enemy weapons Armoured warfare or tank warfare is the use of Armoured fighting vehicles in Modern warfare. Artillery (from French artillerie) is a military Combat Arm which employs any apparātus machine Biological warfare (BW — known as a germ warfare, biological weapons and bioweaponry — is the use of any Pathogen ( Bacterium The Cavalry (from French cavalerie) is the second oldest of the Combat Arms, and as Soldiers or Warriors who fought mounted on Chemical warfare involves using the toxic properties of Chemical substances to kill injure or incapacitate an enemy. Electronic warfare ( EW) is the use of the Electromagnetic spectrum to effectively deny the use of this medium by an adversary while optimizing its use by friendly The Infantry is the oldest and most numerous of the Combat Arms in the Armed forces, and consists A nuclear weapon is an explosive device that derives its destructive force from Nuclear reactions either fission or a combination of fission and fusion. The US Department of Defense defines psychological warfare ( PSYWAR) as" The planned use of Propaganda and other Psychological actions Military tactics ( Greek: Taktikē, the art of organizing an army are the techniques for using weapons or military units in combination for engaging and defeating This article is about the military strategy For the Israeli-Egyptian conflict see War of Attrition, for the game theoretical model see War of attrition (game Guerrilla warfare is the unconventional warfare and combat with which a small group of combatants use mobile tactics (ambushes raids etc Maneuver warfare, also spelled manoeuvre warfare, is the term used by military theorists for a concept of Warfare that advocates attempting to Total war is a conflict of unlimited scope in which a Belligerent engages in a total mobilization of all available resources at his disposal Trench warfare is a form of warfare where both combatants have fortified positions and fighting lines are static Military strategy is a National defence policy implemented by Military organisations to pursue desired strategic goals Derived from the Greek Economic warfare is the term for economic policies followed as a part of Military operations during Wartime The purpose of economic warfare is to capture Grand strategy is military Strategy at the level of movement and use of an entire Nation state or Empire 's resources A military organization is a way of structuring the armed forces of a State as a need to offer Military capability required by the National defence policy A military organization is a way of structuring the armed forces of a State as a need to offer Military capability required by the National defence policy Military rank is a system of hierarchical relationships in Armed forces or civil institutions organized along military lines A military organization is a way of structuring the armed forces of a State as a need to offer Military capability required by the National defence policy Military Logistics is the art and science of planning and carrying out the movement and maintenance of military forces This article lists military technology items devices and methods Materiel (from the French "matériel" for equipment or hardware related to the word Material) is a term used in English to refer to the Military supply chain management is a cross-functional approach to procuring, producing and delivering products and services The broad This is an index to articles listing Battles. List of battles (alphabetical gives a global list See also Military History Antiquity Albania Agron ( 250 BC - 230 BC) The first king to unite the Illyrian This is a list of missions operations and projects Missions in support of other missions are not listed independently A Siege is a prolonged Military Assault and Blockade on a City or Fortress with the intent of conquering by force or Attrition See also List of military writers. Friedrich von Bernhardi Ivan Bloch John Boyd, inventor of the OODA Loop This is a listing of lists of Wars, sorted by country date region and type of conflict This article lists and summarizes War crimes committed since the Hague Convention of 1907. There is a bewildering array of Weapons far more than would be useful in list form This is a list of military writers, alphabetical by last name For the commissioning of an officer, see Officer (armed forces). An officer is a member of an armed force who holds a position of authority

A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil matters. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Private law (Civil law is that part of a Legal system that involves relationships between individuals The judges are military officers and fulfill the role of jurors. A United States military jury (or "Members", in military parlance serves a function similar to an American civilian Jury, but with several notable differences It is distinct from the court martial. A court-martial (plural courts-martial) is a Military court. These military courts can determine Punishments for members of the Military subject

A military tribunal is an inquisitorial system based on charges brought by a military authority, prosecuted by a military authority, judged by military officers, and sentenced by military officers against a member of an adversarial force. This article is about the inquisitorial system for organizing court proceedings A military is an Organization authorized by its Nation to use force usually including use of Weapons in defending its Country (or by attacking

Contents

Military tribunals in the United States

The United States has made use of military tribunals or commissions, rather than rely on a court martial, within the military justice system, during times of declared war or rebellion. The United States of America —commonly referred to as the A court-martial (plural courts-martial) is a Military court. These military courts can determine Punishments for members of the Military subject

General George Washington used military tribunals during the American Revolution. George Washington (February 22 1732 December 14 1799 served as the first President of the United States of America (1789&ndash1797 and led the [1] Commissions were also used by General (and later President) Andrew Jackson during the War of 1812 to try a British spy; commissions, labeled "Councils of War," were also used in the Mexican-American War. Andrew Jackson (March 15 1767 June 8 1845 was the seventh President of the United States (1829&ndash1837 The War of 1812 was fought between the United States of America and the British Empire, particularly Great Britain and her North American colonies [2]

The Union used military tribunals during and in the immediate aftermath of the American Civil War[3]. Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South Military tribunals were used to try Native Americans who fought the United States during the Indian Wars which occurred during the Civil War; the thirty-eight people who were executed after the Dakota War of 1862 were sentenced by a military tribunal. Native Americans in the United States are the indigenous peoples from the regions of North America now encompassed by the continental United States The United States of America —commonly referred to as the The Dakota War of 1862 (also known as the Sioux Uprising, Sioux Outbreak of 1862, the Dakota Conflict, the U The so-called Lincoln conspirators were also tried by military commission in the spring and summer of 1865. The most prominent civilians tried in this way were Democratic politicians Clement L. Vallandigham, Lambdin P. Milligan, and Benjamin Gwynn Harris. Clement Laird Vallandigham (pronounced velan´digham -gam) ( July 29, 1820 &ndash June 17, 1871) was an Ohio unionist Lambdin Purdy Milligan ( March 24 1812 &ndash December 21 1899) was a Lawyer, Farmer, and a leader of the All were convicted, and Harris was expelled from the Congress as a result. It must be noted that all of these tribunals were concluded prior to the Supreme Court's decision in Milligan.

The use of military tribunals in cases of civilians was often controversial, as tribunals represented a form of justice alien to the common law, which governs criminal justice in the United States, and provides for trial by jury, the presumption of innocence, forbids secret evidence, and provides for public proceedings. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Critics of the Civil War military tribunals charged that they had become a political weapon, for which the accused had no legal recourse to the regularly constituted courts, and no recourse whatsoever except through an appeal to the President. A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty The U. S. Supreme Court agreed, and unanimously ruled that military tribunals used to try civilians in any jurisdiction where the civil courts were functioning were unconstitutional, with its decision in Ex Parte Milligan, 71 U.S. 2 (1866). Constitutionality is the status of a law, a procedure or an act's accordance with the laws or guidelines set forth in the applicable Constitution. Ex parte Milligan,, was a United States Supreme Court case that ruled suspension of Habeas Corpus when civilian courts are still operating as unconstitutional Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters

Military commissions were also used in the Philippines in the aftermath of the Spanish-American War; as these were used in an active war zone as an expedient of war, they did not fall afoul of Milligan. The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP [4]

President Franklin D. Roosevelt ordered military tribunals for eight German prisoners accused of planning sabotage in the United States as part of Operation Pastorius. Nazi Germany and the Third Reich are the common English names for Germany under the regime of Adolf Hitler and the National Socialist German Workers Operation Pastorius was a failed plan for Sabotage via a series of attacks by Nazi German agents inside the United States. Roosevelt's decision was challenged, but upheld, in Ex parte Quirin. Ex parte Quirin,, is a Supreme Court of the United States case that upheld the jurisdiction of a United States Military tribunal over the trial All eight of the accused were convicted and sentenced to death. Six were executed by electric chair at the District of Columbia jail on August 8, 1942. Execution by electrocution (usually referred to after its method of implementation as the Electric Chair) is an execution method originating in the United States in which the Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D Events 1220 - Sweden is defeated by Estonian tribes in the Battle of Lihula. Year 1942 ( MCMXLII) was a Common year starting on Thursday (the link will display the full 1942 calendar of the Gregorian calendar. Two who had given evidence against the others had their sentences reduced by Roosevelt to prison terms. In 1948, they were released and deported to the American Zone of occupied Germany. As a consequence of Germany 's defeat in World War II and the onset of the Cold War, the country was split between the two global blocs in the East and West

Most recently, as discussed below, the administration of George W. Bush has sought to use military tribunals to try "unlawful enemy combatants", mostly individuals captured abroad and held at a prison camp at a military base at Guantánamo Bay, Cuba. George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. An unlawful combatant or unprivileged combatant/belligerent is a Civilian who directly engages in armed conflict under the International Humanitarian Law Guantánamo Bay ( Spanish Bahía de Guantánamo) is a bay located in Guantánamo Province at the south-eastern end of Cuba The Republic of Cuba (ˈkjuːbə or) consists of the island of Cuba (the largest and second-most populous island of the Greater Antilles) Isla de la

Jurisdiction

Courts-martial generally take jurisdiction only over members of their own military and sometimes, civilians present with them. A court-martial (plural courts-martial) is a Military court. These military courts can determine Punishments for members of the Military subject Even when court-martial procedures are used to try enemies, the body convened is often instead called a military tribunal or military commission.

A military tribunal or military commission, in contrast, is generally used to refer to bodies who assert jurisdiction over persons who are held in military custody and stand accused of being enemies in a conflict in which the military is engaged who a combatants who have violated a law of war.

Military tribunals convened to impose punishment (as opposed to tribunals established solely to classify persons in military custody as combatants or non-combatants), generally limit themselves to accusations that an individual violated the laws of war. Military tribunals generally do not consider cases where an individual is merely being accused of being a combatant on behalf of the enemy.

Military tribunals also, generally speaking, do not assert jurisdiction over people who are acknowledged to be non-combatants who have committed ordinary civil crimes. But, military tribunals are sometimes used to try individuals not affiliated with a national military who are nonetheless accused of being combatants acting in violation of the laws of war.

Controversy

While tribunals can provide for quick trials under the conditions of war, many critics say this occurs at the expense of justice.

Time constraints and the inability to obtain evidence can greatly hamper a case for the defense. Others have tried to use this argument in favor of commissions, as issues such as chain of evidence and hearsay, which are applied in civilian and criminal trials, could preclude conviction if such rules were applied (e. g. , how to claim a bomb was in proper custody from a battlefield to a courtroom?) Civilian trials must be open to the public, while military tribunals can be held in secret. Because conviction usually relies on some sort of majority quota, the separability problem can easily cause the verdict to be displeasing not only to the defendant but also to the tribunal. The separability problem is a concept from the field of Social choice theory that describes the situation where two or more issues up for vote on a ballot either are or are

Decisions made by a military tribunal cannot be appealed to federal courts. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States The only way to appeal is a petition for a panel of review (which may or may not include civilians as well as military officers) to review decisions, however the President, as Commander In Chief, has final review of all appeals. In Law, an appeal is a process for requesting a formal change to an official decision No impartial arbiter is available.

Although such tribunals do not satisfy most protections and guarantees provided by the Bill of Rights, that has not stopped Presidents from using them, nor the U. A Bill of Rights is a list or summary of rights that are considered important and essential by a group of people S. Congress from authorizing them, as in the Military Commissions Act of 2006. The United States Military Commissions Act of 2006, also known as HR-6166 was an Act of Congress signed by President George W All U. S. Presidents have contended that the Bill of Rights does not apply to noncitizen combatants.

Trial by military commission of the Guantanamo detainees

President George W. Bush has ordered that certain detainees imprisoned at the Naval base at Guantanamo Bay were to be tried by military commissions. George Walker Bush ( born July 6 1946 is the forty-third and current President of the United States. The Guantanamo Bay Detention Camp is a controversial United States Detention center operated by Joint Task Force Guantanamo since 2002 in Guantanamo This decision sparked controversy and litigation. On June 29, 2006, the U. Events 512 - A Solar eclipse is recorded by a monastic chronicler in Ireland. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. S. Supreme Court limited the power of the Bush administration to conduct military tribunals to suspected terrorists at Guantánamo Bay.

In December of 2006, the Military Commissions Act of 2006 was passed and authorized the establishment of military commissions subject to certain requirements and with a designated system of appealing those decisions. The United States Military Commissions Act of 2006, also known as HR-6166 was an Act of Congress signed by President George W A military commission system addressing objections identified by the U. S. Supreme Court was then established by the Department of Defense. Litigation concerning the establishment of this system is ongoing. [5][6] As of June 13, 2007, the appellate body in this military commission system had not yet been constituted. Events 1525 - Martin Luther marries Katharina von Bora, against the Celibacy rule decreed by the Roman Catholic Church for Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century.

Three cases had been commenced in the new system, as of June 13, 2007. Events 1525 - Martin Luther marries Katharina von Bora, against the Celibacy rule decreed by the Roman Catholic Church for Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. One detainee, David Matthew Hicks plea bargained and was sent to Australia to serve a nine month sentence. David Matthew Hicks (born 7 August 1975 is an Australian who undertook combat training in Al Qaeda -linked camps and served with the ruling Taliban For a topic outline on this subject see List of basic Australia topics. [7] Two case were dismissed without prejudice because the tribunal believed that the men charged had not been properly determined to be persons within the commission's jurisdiction on June 4, 2007, and the military prosecutors asked the commission to reconsider that decision on June 8, 2007. Events 781 BC - The first historic Solar eclipse is recorded in China. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 68 - The Roman Senate accepts emperor Galba. 536 - St Silverius becomes Pope (probable Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. [8] One of the dismissed cases involved Omar Ahmed Khadr, who was captured at age 15 in Afghanistan after having allegedly killed a U. Omar Ahmed Khadr ( عمر أحمد خضر, born September 19 1986 is the fourth child in the Canadian Khadr family. S. soldier with a grenade. The other dismissed case involved Salim Ahmed Hamdan who is alleged to have been Osama bin Laden's driver and is the lead plaintiff in a key series of cases challenging the military commission system. Salim Ahmed Hamdan ( (born 1970 He was charged with "conspiracy and providing material support for terrorism" but a judge declared the judicial system in place at the The system is in limbo until the jurisdictional issues addressed in the early cases are resolved.

Main article: Guantanamo military commission

See also

References

  1. ^ Bradley & Goldsmith, Foreign Relations Law, 2nd Edition, Aspen Publishers, 2006, p. Military commissions are among procedures planned by the US Bush administration to deal with Detainees it links to Al-Qaeda. Military commissions are among procedures planned by the US Bush administration to deal with Detainees it links to Al-Qaeda. Military law is a distinct legal system to which members of Armed forces are subject The Office of Military Commissions was established in February 2004 to administer the Guantanamo military commissions President Bush wanted to try suspected terrorists Major John Carr is an officer and Judge advocate in the United States Air Force. Major Robert Preston is a lawyer and an officer in the United States Air Force. Captain Carrie Wolf is an officer and Judge advocate in the United States Air Force. The Combatant Status Review Tribunals ( CSRT) are a set of Tribunals purposed to determine whether Detainees held by the United The Administrative Review Board is a United States military body that conducts an annual review of the Suspects held by the United States in Camp Delta 266.
  2. ^ Bradley & Goldsmith, Foreign Relations Law, 2nd Edition, Aspen Publishers, 2006, p. 266.
  3. ^ For general history of Civil War commissions, see Neely, M. The Fate of Liberty: Abraham Lincoln and Civil Liberties (1991) ISBN 0-19-506496-8 and Klement, F. Dark Lanterns: Secret Political Societies, Conspiracies, and Treason Trials in the Civil War (1984) ISBN 0-8071-1174-0. For extensive discussion of the Lincoln conspiracy trial, see Kauffman, M. American Brutus: John Wilkes Booth and the Lincoln Conspiracies (2004) ISBN 0-375-50785-X
  4. ^ Bradley & Goldsmith, Foreign Relations Law, 2nd Edition, Aspen Publishers, 2006, p. 266.
  5. ^ http://www.scotusblog.com/movabletype/archives/2007/06/hamdan_seeks_ne_1.html#comments
  6. ^ http://www.scotusblog.com/movabletype/archives/2007/06/broad_new_chall.html#more
  7. ^ Australian Gitmo detainee sentenced - USATODAY.com
  8. ^ http://www.scotusblog.com/movabletype/archives/2007/06/a_hitch_in_the.html#comments

External links

JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than Events 359 - Honoratus, the first known Prefect of the City of Constantinople, takes office Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. Events 51 - Nero, later to become Roman Emperor, is given the title Princeps iuventutis (head of the youth Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. The Age is a Broadsheet daily Newspaper, which has been published in Melbourne, Australia since 1854 Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " CBS News is the news division of American Television and Radio network CBS. Events 800 - Charlemagne arrives at Rome to investigate the alleged crimes of "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " The Age is a Broadsheet daily Newspaper, which has been published in Melbourne, Australia since 1854 Events 30 BC - Octavian (later known as Augustus enters Alexandria, Egypt, bringing it under the control of the Roman Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The Age is a Broadsheet daily Newspaper, which has been published in Melbourne, Australia since 1854 Events 8 - Roman Empire General Tiberius defeats Dalmatians on the river Bathinus. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The Washington Post is the largest and most circulated Newspaper in Washington D Events 1251 BC - A Solar eclipse on this date might mark the birth of legendary Heracles at Thebes Greece. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than Events 1138 - A massive earthquake struck Aleppo, Syria. 1531 - Huldrych Zwingli is killed Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar.

Dictionary

military tribunal

-noun

  1. A military court designed to try members of enemy forces during times of war.
© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
 Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic