An Assessment of the Recommendations of the American Bar Association Regarding the Use of Military Commissions in the War on Terror

April 17, 2002

Lee A. Casey, David B. Rivkin, Jr., Darin R. Bartram

At its 2002 annual meeting in Philadelphia, the American Bar Association ("ABA") adopted six specific recommendations regarding President Bush's November 13, 2001, Military Order. That order instructed the Secretary of Defense to prepare the rules and procedures necessary to establish military commissions to try al Qaeda and Taliban members, as well as other individuals who may be captured in the war against terrorism. The ABA's resolutions were as follows:

An Assessment of the Recommendations of the American Bar Association Regarding the Use of Military Commissions in the War on Terror