The Lieber Society, an Interest Group of the American Society of International Law, awards a prize for an exceptional writing that enhances understanding of the law of war by a person serving in the regular or reserve armed forces of any nation. 

Today, President Obama signed the National Defense Authorization Act, which includes changes to the Guantanamo military commissions.  In the early days of Obama’s administration it appeared we would see the end of President Bush’s failed military commissions.  Unfortunately, we now have President Obama’s flawed military commissions.  America will continue to rely on this defective system of justice for the trials of some number of alleged terrorists and detainees.  The practical concerns raised by supporters of military commissions are largely beside the point since civilian courts can easily handle international terrorism cases, as an important Human Rights First report demonstrates.  Ultimately, what military commissions offer is a way to shroud prosecutions in secrecy and keep certain constitutional rights in check.   

NIMJ is proud to unveil the 2009 Report of the Commission on Military Justice.  This is the second iteration of the Cox Commission, which first released a report in May 2001.  NIMJ co-sponsored this Commission with the Military Justice Committee, Criminal Justice Section of the American Bar Association.   Chaired by the Honorable Walter T. Cox III, former Chief Judge of the Court of Appeals for the Armed Forces, the Commission included seven other members with unparalleled experience in military law and policy.  Professors Elizabeth Hillman, University of California Hastings, and Victor Hansen, New England Law, served as the Commission’s Reporters.  This was the second time Professor Hillman served in this important and demanding role.