Commissions Impossible: How Can Future Military Commissions Avoid the Failures of Guantanamo?

Aaron Shepard endeavors to examine the roots of the failures of the Guantanamo military commissions and suggest potential solutions to remedy them. His paper begins with an introduction to the concept of military commissions, including a brief overview of their historic utilization and import. It then provides a detailed background on Guantanamo Bay, covers the… Continue reading Commissions Impossible: How Can Future Military Commissions Avoid the Failures of Guantanamo?

Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine

Article 37 of the Uniform Code of Military Justice (UCMJ) prohibits unlawful command influence (UCI) in military prosecutions. The prohibition of UCI, Vincent A. Marrazzo argues, is a critical component of the military justice system, ensuring both fairness and public confidence in the military prosecution process. Marrazzo contends, however, that the Court of Appeals for… Continue reading Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine