From Newsgroup: alt.society.civil-liberty

Prosecutor, Defense Counsel Prep for Military Commissions

(EXCERPT) By Gerry J. Gilmore American Forces Press Service

WASHINGTON, July 30, 2003 ! Six enemy combatants now being detained by
DoD will be evaluated to determine if any should be charged and tried
for war crimes under military commissions, two senior U.S. military
lawyers told the American Forces Radio and Television Service
recently.

The detainees were seized during U.S. and coalition military
operations precipitated by the Sept. 11, 2001, terrorist attacks on
the United States. The al Qaeda terrorist group, led by Osama bin
Laden, is universally believed to have planned and carried out the
9-11 attacks.

The Office of Military Commission's acting chief prosecutor, Army Col.
Frederic Borch III, and acting chief defense counsel, Air Force Col.
Will Gunn, told AFRTS that Deputy Defense Secretary Paul D. Wolfowitz
would determine if there is sufficient evidence to bring any or all of
the six to trial.

The two veteran military lawyers noted that President George Bush,
commander- in-chief of the U.S. armed forces, determined on July 3,
2003, there is reason to believe that each of the six enemy combatants
was a member of al Qaeda or was otherwise involved in terrorist acts
against the United States.

As such, the six detainees fall under the president's Military Order
of Nov. 13, 2001, which directed the establishment of military
commissions to provide full and fair trials of enemy combatants
suspected of having committed war crimes against the United States, as recognized under international law.

Such war crimes, Borch noted, may include, but are not limited to:

li type=discConspiracy to commit murder.

li type=discUnlawful attacks on civilian objects.

li type=discTorture.

li type=discKilling of prisoners of war.

Wolfowitz, the commission's appointing authority, must approve any
charges preferred against the accused, Borch pointed out.

"If and when Dr. Wolfowitz approves those charges, then we start the
commission proceedings," Borch explained, noting that's when Gunn, as
the acting chief defense counsel, will begin detailing military
lawyers to serve as defense counsel for the accused.

Besides having military lawyers appointed for their defense, the
accused could also choose to secure the services of civilian defense
attorneys, as long as it's at no cost to the U.S. government, Gunn
said.

Each commission would consist of a presiding officer, Borch remarked,
who would be a commissioned officer and military lawyer. That person
would evaluate admissibility of evidence and manage the proceedings.
Three to seven panel members would serve, all non-lawyer commissioned
officers from the armed services representing myriad career fields.

All panel members, including the presiding officer, would vote on the
guilt or innocence of the accused, Borch noted. A two-thirds vote
among the panels is required for guilty verdicts, according to
information presented during a July 3, Pentagon background briefing on
military commissions.

However, military commission cases involving the death penalty require
seven panel members, Borch explained, and a unanimous vote is needed
to pass down a sentence of death.

Military commissions that tried German and Japanese soldiers for war
crimes were held after World War II, Borch pointed out.

Gunn asserted that he is "very confident" that commission members
"will do their duty to provide full and fair trials for each detainee
that's brought before (a) military commission."

Each military commission member, Borch pointed out, will be required
to take an oath.

"And that oath is going to require them to be fair, be just, (and)
make sure the proceedings are full and fair," he concluded.

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---------------------------
Otis Willie
Associate Librarian
The American War Library
http://www.americanwarlibrary.com
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