Thursday, May 13, 2010
Professor Jordan J. Paust of the University of Houston Law Center has shared with us his views on why the GTMO military commissions are not a lawful option. Professor Paust says that the military commissions at Guantanamo Bay are not “regularly constituted” or “previously established in accordance with pre-existing laws” and are therefore without jurisdiction under international law. He also says that they are also not constituted within a theater of war or war-related occupied territory and are therefore without lawful jurisdiction. Additionally, he says that they violate several multilateral and bilateral treaties (also important for U.S. nationals abroad) that require equal protection of the law and equality of treatment more generally and are, therefore, without lawful power or authority under supreme laws of the United States.