| Budget Amount *help |
¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000)
Fiscal Year 2012: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2011: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2010: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Research Abstract |
My research had two purposes: (1) to examine the military commissions system of the US and (2) to consider its implication for international cooperation. A system of military commission was created by a military order issued by President Bush in 2001 as a special jurisdictional regime to try the unlawful enemy combatants who were detained in Guantanamo Base. After it was held unconstitutional by the Supreme Court, a new legislation was enacted in 2006 and modified in 2009. The present system (based on these legislations) responded to the criticisms toward the original military commission system and is now equipped with more safeguards for the detainees’ human rights. However, it still has a fundamental problem regarding its scope of the subject-matter jurisdiction. On the other hand, for international cooperation, the regular legal mechanisms for mutual assistance may not be applicable to the military commissions system, therefore, if one is requested to provide the US authority with the evidence or the information, it is necessary to establish a new legal framework for that particular purpose.
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