Brief of Amicus Curiae Human Rights Committee of the American Branch of the International Law Association in United States v. Ali Hamza Ahmad Suliman Al Bahlul Before the United States Court of Military Commission Review (23 Sept. 2009)

Abstract

This friend of the court brief is like an essay demonstrating why the military commissions at Guantanamo Bay are not lawfully constituted. As demonstrated, the military commissions are not “regularly constituted” or “previously established in accordance with pre-existing laws” and are therefore without jurisdiction under relevant international laws. They are also not constituted within a theater of war or war-related occupied territory and are therefore without lawful jurisdiction. Additionally, they violate several multilateral and bilateral treaties (also important for our 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.