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[bryant]

Tipped off via the intrepid kodi, we have more on the Guantanamo plans for an execution chamber.

There also are plans to build a permanent modular detention facility, to imprison detainees who might be sentenced to indefinite terms, and an execution chamber should any be sentenced to death, he said.

If this is accurate, and the article quotes named individuals in the military, they have at the very least developed a process and procedure for military tribunal executions. And, in fact, it’s been posted.

Any lawful punishment or condition of punishment is authorized, including death, so long as the prerequisites detailed in reference (a) are met.

The above-mentioned reference (a) is the Military Commission Order No. 1, which is available here (as a PDF). It refers back to this Presidential order for authority. It should be noted that these tribunals are limited to non-US citizens, although it includes citizens of some of our allies.

Lawrence Haws argued in comments below that these plans could be intended as a threat to induce cooperation. S’still possible. I hope he’s right.

I should also note that, on reviewing the orders referenced above, that the military has outlined a fair system of trials. Without spending more time thinking about it, I wouldn’t argue that the tribunal system itself is unfair. I am more concerned about a judicial system established by executive order, for reasons involving separation of powers. (There’s probably something to be said here about the system of military justice for our military personnel; I will summarize by observing that becoming subject to that system is a matter of personal choice.)

Comments

[gentlyepigrams]

I'm glad you have an LJ feed so I can comment here without worrying about Haws' response when I point out that even if the government only means to claim the authority to scare people into cooperating, they will eventually use it.

[bryant]

You know, I'd never thought about the LJ feed that way. Heh.

It'll be interesting to see if Haws winds up swallowing and admitting that the Bush administration is profoundly flawed. I kinda suspect he's one of the essentially decent people who had his pants scared off by 9/11; a lot of the so-called right-wing bloggers seem to have sort of imprinted on Bush as the only guy who told them he could make them safe.