2012 Fiscal Year Final Research Report
A Study on the Jurisdictional Regime over Terrorists and Its Implication for International Cooperation
| Project/Area Number |
22530048
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Mie University |
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Principal Investigator |
KO Keiko 三重大学, 人文学部, 教授 (00314104)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 国際テロ行為 / 軍事審問委員会 / グアンタナモ基地 / 国際協力 / 刑事共助 / war against terrorism / military commissions / international cooperation |
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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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