war on terror

After dozens of schoolkids were killed by the Taliban, Pakistan has changed its constitution to allow military courts to try militants, the New York Times reports: "Among analysts and legal experts, the military courts have raised a slew of worries about the erosion of fundamental rights, the sidelining of the civilian judiciary and the prospect of soldiers’ wielding untrammeled power in a country with a long history of military takeovers." The courts, however, had wide support, even among opponents to military rule.  "Legal, political and militancy experts warn that these courts are not a panacea for terrorism, and that Pakistanis may be making a grave mistake in treating the rule of law as a negotiable commodity," especially considering the support for militancy in Pakistani society.

Matt Apuzzo, writing in the New York Times, reports that one of retiring Attorney General Eric Holder's legacies is shifting terrorism cases from military tribunals to the civilian courts: "Five years ago, the debate over whether terrorists should be prosecuted in criminal courts was so contentious that it made its chief advocate, Attorney General Eric H. Holder Jr., a political liability. Republicans argued that F.B.I. interrogation was not suited to wartime intelligence-gathering. By extension, civilian courtrooms were no place for terrorists, who did not deserve the same rights as common criminals." In contrast, Guantanamo Bay tribunals have had problems, including two convictions overturned on appeal.

 U.S. military action in Afghanistan will be over next year. "Blocked by Congress from releasing or transferring many of the remaining 164 detainees and able to try only a small number of them, administration officials are examining whether the withdrawal of U.S. troops at the end of 2014 could open the door for some to challenge the legal authority of the United States to continue to imprison them," The Washington Post reports. At issue is whether the authority to detain prisoners as belligerents and enemy combatants expires if the "hot war" is over.