commissions "shall be guided by the appropriate principles of law and rules
of procedure and evidence prescribed for courts-martial." MCM, pt. I, &
2@)(2).
- In theory, could provide very limited evidentiary and procedural formality;
see,Yamashitn, 327 US 18, and a very streamlined appeal process. See
Johnson v. Eisentrager, 339 U.S. 763 (1950).
- International treaty obligations, however, may provide a floor of procedural
rights. See Geneva Convention I11 and the International Covenant on Civil
and Political Rights, Mar. 23, 1976, 999 U.N.T.S. 171 (to which the U.S. is a
party). See also HOWARD S. LEVIE, PRISONERS OF WARIN INTERNATIONAL
ARMED CONFLICT 321 n. 29,335 n. 98,383 (1976); IV Pictet at 413-14; 2
Final Record of the Didomatic Conference of Geneva of 1949 389-90; JOHN
N. MOORE,ET. AL., NATIONAL SECURITYLAW 373 (1990).
VI. CONCLUSION
