[20011128]RS21056_把恐怖分子当作战犯审判.pdf

1 See LT. COL. RICHARD J. ERICKSON, LEGITIMATE USE OF MILITARY FORCE AGAINST STATE-SPONSORED INTERNATIONAL TERRORISM 63-65 (1989).2 See Spencer J. Crona and Niel A. Richardson, Justice for War Criminals of Invisible Armies:(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21056Updated November 28, 2001Trying Terrorists as War CriminalsJennifer ElseaLegislative AttorneyAmerican Law DivisionSummaryOn November 13, 2001, President Bush signed a Military Order pertaining to thedetention, treatment, and trial of certain non-citizens in the war against terrorism. ThePresidents Military Order makes it apparent that he plans to treat the attacks as acts ofwar rather than criminal acts, and to prosecute those responsible as war criminals, tryingthem by special military commission rather than in federal court. The purpose of thisreport is to clarify the legal basis for treating the acts as war crimes and the ramificationsof applying the law of war rather than criminal statutes to prosecute the perpetrators.The discussion focuses on the trial of alleged terrorists and conspirators by a militarycommission rather tha