{
  "id": "RL31191",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL31191",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 307192,
      "date": "2001-12-11",
      "retrieved": "2016-05-24T20:18:32.719941",
      "title": "Terrorism and the Law of War: Trying Terrorists as War Criminals before Military Commissions",
      "summary": "On November 13, 2001, President Bush signed a Military Order pertaining to the detention,\ntreatment, and trial of certain non-citizens as part of the war against terrorism. The order makes\nclear that the President views the crisis that began on the morning of September 11 as an attack \"on\na scale that has created a state of armed conflict that requires the use of the United States Armed\nForces.\" The order finds that the effective conduct of military operations and prevention of military\nattacks make it necessary to detain certain non-citizens and if necessary, to try them \"for violations\nof the laws of war and other applicable laws by military tribunals.\"\n  The unprecedented nature of the September attacks and the magnitude of damage and loss of\nlife they caused have led a number of officials and commentators to assert that the acts are not just\ncriminal acts, they are \"acts of war.\" The President's Military Order makes it apparent that he plans\nto treat the attacks as acts of war rather than criminal acts. The distinction may have more than\nrhetorical significance. Treating the attacks as violations of the international law of war could allow\nthe United States to prosecute those responsible as war criminals, trying them by special military\ncommission rather than in federal court. \n  The purpose of this report is to identify some of the legal and practical implications of treating\nthe terrorist acts as war crimes and of applying the law of war rather than criminal statutes to\nprosecute the alleged perpetrators. The report will first present an outline of the sources and\nprinciples of the law of war, including a discussion of whether and how it might apply to the current\nterrorist crisis. A brief explanation of the background issues and arguments surrounding the use of\nmilitary commissions will follow. The report will then explore the legal bases and implications of\napplying the law of war under United States law, summarize precedent for its application by military\ncommissions, and provide an analysis of the President's Military Order of November 13, 2001. \nFinally, the report discusses considerations for establishing rules of procedure and evidence that\ncomport with international standards.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
      "formats": [
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          "encoding": "utf-8",
          "url": "http://www.crs.gov/Reports/RL31191",
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          "url": "http://www.crs.gov/Reports/pdf/RL31191",
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      ],
      "topics": []
    }
  ],
  "topics": [
    "Intelligence and National Security"
  ]
}