Tuesday, February 2, 2016

Prof. Glazier's Amicus Briefs in Military Commission Case Finds Influential Audience

As reported in an earlier post on Summary Judgments, Professor David Glazier has filed two amicus briefs in support of Abd al-Rahim al-Nashiri, the high-profile Guantanamo detainee. Now, the merits of the arguments contained in those briefs are addressed on LawFare.

Both amici address the unintended consequences of allowing the government to treat the existence of hostilities as a factual question subject to retrospective determination. They both argue that perceptions of the legitimacy of our military courts system affect the security of our armed forces. The RMAG amicus argues that reciprocity is a key determinant in ensuring the safety of US troops that are captured abroad, citing as evidence of the power of reciprocity and legitimacy the fact that 99% of U.S. war prisoners in Germany during World War II survived.

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