Wednesday, August 6, 2008

OT: Does our first modern "war crimes" case involve any war crimes?

Lawyers reading this have probably already sampled the already copious commentary out there about the Hamdan trial and verdict. For those who are curious, however, I commend to you Marty Lederman's post at Balkinization. In short, I think it is truly remarkable that the first US "war crimes" trial since the
Civil War involved charges that bear such little resemblence to the cases before other war crimes tribunals around the world (e.g., Sierra Leone, Rwanda, former Yugoslavia, Cambodia, and the various cases now before the International Criminal Court), or to historical war crimes cases.

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