By Korner T.W.
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Extra info for A companion to analysis
Given the dissatisfaction with the present legal regime, and subscribing to the legitimacy of comparative global constitutionalism, examining and perhaps borrowing from other civil, democratic states in an effort to resolve this dilemma is a worthwhile endeavor. To that end, the Israeli legal regime serves as a potential model for the post-9/11 American legal paradigm, albeit subject to limitations inherent to comparative legal analysis. 72 Following the June 1967, Six Day War, the Israel Defense Force (IDF) established Military Courts in the West Bank and the Gaza Strip73 for the purpose of trying Palestinians residing in either area74 suspected of having committed acts of terrorism.
S. , dissenting). Introducing the Hybrid Paradigm and the Historical Analogy 29 justiﬁed to prevent persons from launching or becoming missiles of destruction. Incommunicado detention for months on end is such a procedure. Whether the information so procured is more or less reliable than that acquired by more extreme forms of torture is of no consequence. 63 As the preceding discussion illustrates, there are no clear deﬁnitions regarding the detainees. The most effective way to respond is not to eloquently form some phrase aimed at encompassing the entirety of the modern situation, rather, categorization can be accomplished by determining the rights, privileges, and obligations owed them.
As these lines are written, the courts’ name has not been changed following disengagement. 75 Palestinians are represented before the courts by civilian defense attorneys, Palestinians and Israelis alike. 77 The charge sheet, based either on the individual’s confession or on the testimony of others, is submitted to the court by the military prosecutor. 78 The trial is conducted according to Rules of Criminal Procedure and Evidence akin to those in Israeli civilian courts and would be very familiar to American trial lawyers.
A companion to analysis by Korner T.W.