ABA justifies use of military commission in terrorist cases

The 11 September attacks were arguably violations of the law of war and justify the use of military commissions to prosecute cases involving suspected terrorists, the American Bar Association's (ABA) task force on terrorism and law has concluded.In a report forwarded to the US Department of Defence but not yet approved by the ABA's ruling House of Delegates as official policy, the task force recommended that the commissions only be used in 'narrow circumstances in which compelling security interests justify their use'.While the report acknowledged that trying individuals by military commission would be controversial, it asserted that 'if conducted under reasonable procedures...

they can deliver justice with due process'.

It said the alternatives, such as US domestic courts, an international tribunal or domestic courts of other countries, are 'not without difficulties'.The task force said protections should include: the right to seek habeas corpus relief in US courts; having press or trial observers present; and requiring unanimity of commission to enforce a death sentence.