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6 Nat'l Sec. L.J. 1 (2018-2019)

handle is hein.journals/nseclj6 and id is 1 raw text is: 2018] NATIONAL SC UR1TY LAW JOURNAL THE GUANTANAMO BAY MILITARY COMMISSIONS: A HISTORICAL PERSPECTIVE Daniel Mandell* The use of military commissions in the United States has a history as old as the country itself This history makes it clear that military commissions are tribunals of necessity, appropriately used in circumstances where traditional tribunals are unavailable or inappropriate. The Guantanamo Bay military commissions, however, challenge this history. The purpose of this article is to place the Guantanamo Bay military commissions in a historical context and contrast with their eponymous predecessors. This article reviews the use of military commissions throughout United States history, noting how each prior use of commissions was found to be appropriate or inappropriate depending on the perceived need. This article then highlights how the Guantanamo Bay military commissions are unique when compared to prior military commissions and concludes that the historic need for a trial would be better served if defendants charged with terrorism- related offenses were tried in traditional federal Article Ill courts rather than military commissions. INTRODUCTION ..............................................2 1. THE NEED FOR TRIALS ....................................3 * BA, Tufts University, 2005; JD/LLM (International & Comparative Law), Duke Law School, 2010; Associate, Cohen & Gresser LLP. All views expressed herein are the author's in his individual capacity and should not be attributed to any other organization. 1