Chief Prosecutor Statement on this Week's Hearings in Al-Nashiri

Wells Bennett
Thursday, August 7, 2014, 3:23 PM
Here y'are.  Brig. Gen. Mark Martins, the Chief Prosecutor at Guantanamo, opens his statement as follows:
Good afternoon. This Friday will mark sixty-nine years since the signing of the London Agreement and Charter by representatives of the United States, the Soviet Union, the United Kingdom, and France, thus establishing the International Military Tribunal for the trial of major war criminals at Nuremburg.

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Here y'are.  Brig. Gen. Mark Martins, the Chief Prosecutor at Guantanamo, opens his statement as follows:
Good afternoon. This Friday will mark sixty-nine years since the signing of the London Agreement and Charter by representatives of the United States, the Soviet Union, the United Kingdom, and France, thus establishing the International Military Tribunal for the trial of major war criminals at Nuremburg. That trial---and subsequent proceedings at Nuremburg under Control Council Law Number 10---resulted in a body of law that remains central to all present-day efforts to hold individuals responsible in judicial proceedings for horrific war crimes. One modern international criminal court describes those efforts as seeking an "end to impunity." On the anniversary of this important event in history, the legacy of Nuremburg is very much alive in ongoing military commission proceedings. This week, the military commission convened to try the charges against Abd Al Rahim Hussayn Muhammad Al Nashiri continued its consideration of pre-trial issues raised by the defense and prosecution. I emphasize that Mr. Al Nashiri is presumed innocent unless and until proven guilty beyond a reasonable doubt. To date, the parties have briefed 334 motions and have orally argued some 267 motions. Of the 334 motions briefed, 31 have been mooted, dismissed, or withdrawn; 115 have been submitted for decision; and 215 have been ruled upon by the Commission. The Commission has taken over 14 hours of testimony from 11 witnesses.  These examples, which are never meant to imply that justice can be quantified, serve as important indices of the less visible work the parties continue to accomplish between sessions.

Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.

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