Prof. Glazier filed an amici brief memorandum in federal district court
Professor David Glazier filed an amici brief memorandum in federal district court in Washington, D.C. on behalf of the Al-Nashiri v. Hagel et al case. The opening of Glazier's brief appears on Lawfare Blog.
"While charges based on the attempted attack on the USS The Sullivans and the completed attacks on the USS Cole and French tanker M/V Limburg qualify for federal criminal prosecution by Article III courts, these acts fall outside the recognized scope of an armed conflict, a necessary prerequisite for law of war military commission jurisdiction. As detailed below, the United States was not involved in armed conflict during the timeframe of the earlier incidents, nor does the post-9/11 attack on the Limburg, a French tanker under charter to a Malaysian entity, fall within the scope of any armed conflict. The charges thus cannot constitute “war crimes” and fall outside both the constitutional jurisdiction of the military commissions and the statutory ambit of the 2009 Act which limits the commissions to trying offenses 'committed in the context of and associated with hostilities.'"