In the Name of Necessity ：Military Tribunals and the Loss of American Civil Liberties ( Albma Rhetoric Cult & Soc Crit )

Publication subTitle ：Military Tribunals and the Loss of American Civil Liberties

Publication series ：Albma Rhetoric Cult & Soc Crit

Author： Marouf Hasian  

Publisher： University of Alabama Press‎

Publication year： 2014

E-ISBN: 9780817386603

P-ISBN(Paperback): 9780817314750

P-ISBN(Hardback):  9780817357382

Subject： D Political and Legal

Keyword： Courts-martial and courts of inquiry -- United States., Civil rights -- United States., Necessity (Law) -- United States., Military necessity.

Language： ENG

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Description

Analyses the ways American leaders have justified the use of military tribunals, the suspension of due process, and the elimination of habeas corpus.
Though the war on terrorism is said to have generated unprecedented military situations, arguments for the Patriot Act and military tribunals following 9/11 resemble many historical claims for restricting civil liberties, more often than not in the name of necessity.

Marouf Hasian Jr. examines the major legal cases that show how various generations have represented the need for military tribunals, and how officials historically have applied the term “necessity.” George Washington cited the necessity of martial discipline in executing the British operative Major André. Tribunals tried and convicted more than 200 Sioux warriors during the Dakota Wars. President Lincoln suspended habeas corpus for many civilian and military prisoners during the Civil War. Twentieth Century military and civilian leaders selectively drafted their own codes, leading to the execution of German saboteurs during World War II. Further, General MacArthur’s tribunal to investigate the wartime activities of Japanese General Yamashita raised the specter of “victor’s justice,” anticipating the outcry that attended the Nuremberg trials.
          
In those cases as in current debates about the prosecution of terrorists, Hasian argues that the past is often cited selectively, neglecting historical contexts and the controversies these cases engendered.
 

Chapter

Contents

Acknowledgments

1. Introduction: The Genealogical Origins of Necessity and Military Necessity

2. The Capture of Major André

3. Cultural Amnesias and Legal Recollections: Forgetting and Remembering the 1862 U.S.-Dakota War Tribunals

4. Abraham Lincoln and Ex Parte Milligan

5. The Military Trial of Major Henry Wirz

6. FDR, Wartime Anxieties, and the Saboteurs' Case

7. General MacArthur's Tribunal and the Trial of General Yamashita

8. The Legal and Public Debates over the Necessity of Bush's Military Order

9. The Future Use of Military Tribunals

Notes

Bibliography

Index

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