-Caveat Lector-
Click on the URL and read this abomination. One statement that jumps out is, "This document does not preclude trial for crimes that occurred prior to its effective date." In other words ex-post facto criminal laws in express violation of the Constitution.
 
JR
----- Original Message -----
Sent: Friday, February 28, 2003 12:10 PM
Subject: DoD Releases Draft Military Commission Instruction

NEWS RELEASE from the United States Department of Defense

No. 092-03
(703)697-5131(media)
IMMEDIATE RELEASE
February 28, 2003
(703)428-0711(public/industry)

DOD RELEASES DRAFT MILITARY COMMISSION INSTRUCTION

The General Counsel of the Department of Defense (DoD) today
released a draft military commission instruction entitled
"Crimes and Elements for Trials by Military Commission:
http://www.defenselink.mil/news/Feb2003/d20030228dmci.pdf."
 This instruction lists and defines certain violations of the
laws of war and other offenses triable by military commission.

DoD will be prepared to conduct full and fair legal proceedings
should a military commission be convened.  Although no charges
have been referred against any individual potentially subject to
the jurisdiction of a military commission, this instruction will
help to ensure that DoD will be ready to fulfill its
responsibilities if called upon.

The international law of armed conflict, from which the Crimes
and Elements instruction is derived, is a broad and complex area
of the law.  There is no single legal document that
comprehensively codifies this body of law.   Rather, definitions
of crimes are dispersed throughout dozens of sources including
treaties and conventions, domestic and international statutes,
judicial decisions, and the body of custom and practice
recognized by the international community.

"Over the past few months, DoD and other government lawyers have
analyzed these sources of law and consolidated in a single
resource a list of certain crimes that potentially may be
charged and tried before a military commission as well as the
definitions of those crimes," said DoD Deputy General Counsel
Whit Cobb.  "In the event that a military commission is
warranted, this instruction will assist all participants -
including prosecutors, defense counsel, and military commission
members - to understand what constitutes an offense that is
triable under the law of armed conflict."

The draft Crimes and Elements Instruction is available at
http://www.defenselink.mil/news/Feb2003/d20030228dmci.pdf.
 Those wishing to submit comments regarding the draft Crimes and
Elements Instructions should fax comments to the Office of the
General Counsel of the Department of Defense at 703-614-4432.

The General Counsel of the Department of Defense intends to
finalize and publish the final instruction early in March.

[Web version: http://www.defenselink.mil/news/Feb2003/b02282003_bt092-03.html]

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