Can federal courts in the U.S. handle terrorism cases without jeopardizing national security interests?
• Is it ever permissible to derogate (deviate) from fair trial standards? • Are so-called enemy or unlawful combatants entitled to a fair trial? • Doesn’t al Qaeda pose a new threat that existing standards can’t adequately address? • How does respecting fair trials and the rule of law assist U.S. efforts to combat terrorism? • Do fair trial requirements under international law apply to military courts? • What are the remedies against unfair trials? • How can we promote fair trials? Q: What is the right to a fair trial? A: The right to a fair trial is basic human right. It is designed to protect individuals from unlawful and arbitrary restriction or deprivation of basic rights and freedoms such as the right to life and liberty. The right to a fair trial is one of the universally applicable principles recognized in the Universal Declaration of Human Rights (UDHR), adopted in 1948 by the world’s governments, and still the cornerstone of the international human rights system. The right to
