Number: RL31191
Title: Terrorism and the Law of War: Trying Terrorists as War Criminals before Military Commissions
Authors: Jennifer Elsea, American Law Division 
Abstract: This report identifies some of the legal and practical implications of treating the terrorist acts as was crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. It presents an outline of the sources and principles of the law of war, including a discussion of whether and how it might apply to the current terrorist crisis. An explanation of the background issues and arguments surrounding the use of military commissions follows. It explores the legal bases and implications of applying the law of war under United States law, precedent for its application by military commissions, and provides an analysis of the President's Military Order of November 13, 2001.
Pages: 48
Date: Updated December 11, 2001