The National Security Court System
A Natural Evolution of Justice in an Age of Terror
ISBN13: 9780195379815ISBN10: 0195379810
Hardback,
256 pages
Jul 2009,
In Stock
Price:
$29.95 (01)Description
The recent Boumediene v. Bush decision, which tossed aside the dysfunctional military court system envisioned by the Bush administration and upheld the right of habeas corpus for detainees, promises to throw national security law into chaos, and will also probably lead to the closing of Guantanamo. In this timely and much-needed book, Glenn Sulmasy, one of America's leading experts on national security law, opens with a much-needed history of America's long and complicated experience with such courts since the early days of the Republic. After tracing their evolution in the contemporary era, Sulmasy argues for a more sensible approach to the global war on terror's unique set of prisoners. He proposes a reasonable "third way" solution that avoids even more extreme measures, on the one hand, and a complete shuttering of the court system, on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come. For all those who want to explore the crucial legal issues behind the headlines about Gitmo and the rights of detainees, The National Security Court System offers a clear-headed assessment of where we are and where we ought to be going.Features
- Sulmasy is probably the nation's most knowledgeable expert on the military court system, and the most articulate advocate for a functional national security court system
Reviews
"Sulmasy traces the evolution of military commissions in the United States and outlines a way forward after closing Guantanamo. His pragmatic approach explores merging military and civilian law into a hybrid system of justice for individuals captured in the struggle against global terrorism. This is a must read for understanding how the American justice system detoured into GITMO and where it might go from here in addressing real threats without undermining American values."--Sarah Sewall, Harvard University
About the Author(s)
Glenn Sulmasy is a National Security and Human Rights Fellow, Harvard University, and Professor of Law, Commander and Judge Advocate, U.S. Coast Guard Academy.
