The Military Commissions Act: Suspending Habeas Corpus

It's been two years since this legislation passed. As another extension of the executive might of the President, this act has charted a new course for waging war and detaining combatants.

In the first section of the act, it is stated, "The President is authorized to establish military commissions under this chapter for offenses triable by military commission as provided in this chapter." In effect, the President is given the absolute power to determine who is and who is not an enemy combatant.

Further, the Act provides for the suspension of Habeas Corpus. Prisoners who are deemed enemy combatants can be held indefinitely without charges being prepared, or without a trial scheduled. The denial of due process is another step toward undermining the Constitution.

Step by step the Bush Administration has moved the country away from its core values. With the passage of this act, the citizens of the country are being held in the same light in which we hold our enemies. By retreating to tactics that have worked toward breaking down human rights advances, the President and its Congress have sidestepped progress.

In addition to suspending Habeas Corpus, the Act permits the use of coerced evidence in trials. After the Abu Ghraib controversy, the Guantanamo Bay allegations, and the torture debacle, one would think the Country has moved away from limiting the rights of its citizens and its enemies. By turning a blind eye to torture and accepting confessions that forcibly acquired, we have turned into the aggressor.

The act also retroactively pardons all past abuses and crimes of torture. This 'get of jail free' card gives maximum latitude to detainers and forgives crimes deemed unlawful and unethical by American and international standards. By provisioning for this pardon, Congress has set a precedent for the future of the war on terror.

Lastly, the Military Commissions Act allows the definition of torture to be decided by the chief executive. Therefore, the limitations regulations set by the Geneva Conference have been rendered a second priority. The legislation trumps all former acts that defined our obligations to prisoners, and instead paves a path for a more brutal, unethical system of jurisprudence.

With a new President and a new Congress, it is important to revisit this legislation. In order to remake our standing in the world, and effectively create international support for the elimination of extremism, we must set the standard for fair and just prosecution of our enemies.