Can U.S. Citizen Be Tried by the Military Commission Under the Constitution and Laws of the United States?
11 attacks, an American citizen who had been arrested in Chicago and accused of terrorism links was deemed to be an “enemy combatant” and transferred to military custody. He was held in wartime detention without trial for years, then transferred back to the civilian justice system before the Supreme Court could resolve his case. In 2011, an American drone strike targeted and killed an American citizen who had been deemed to be an operational terrorist leader whose capture was infeasible, but who had not been charged or convicted in a trial.
federal courts by trying civilians for alleged military offenses that are in fact crimes that should be prosecuted in a regular criminal court.
International Covenant on Civil and Political Rights (ICCPR), G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171.
U.N. Human Rights Committee, General Comment 13, art. 14 (Twenty-first session, 1984),
Human Rights Watch, Letter to Department of Defense General Counsel Haynes, March 14, 2002.