"Analyze the practical differences and issues, if any, in prosecuting t" by Nicholas Noah Hossin

Skip to main content

War Crimes Memoranda

Authors

Nicholas Noah Hossin

Title

Analyze the practical differences and issues, if any, in prosecuting the crimes of aiding the enemy under article 104 of the UCMJ, treason, and material support for terrorism. Has the offense of "material support for terrorism," as defined in the military commissions act of 2009 (10 U.S.C. § 950 t (27)), been tried by U.S. military commissions or foreign military tribunals enforcing the law of war? Please consider whether the UCMJ/MCA crime of “aiding the enemy” 1) is comparable to any international offenses; 2) analyze the practical differences and issues , if any, in prosecuting the crimes of aiding the enemy (under article 104 of the UCMJ) and treason; 3) is a duty of allegiance necessary to prosecute someone for the UCMJ crime (article 104) of aiding the enemy; 4) based on the language of the offense contained in the UCMJ and manual for courts-martial (governed by executive order), can “any person” regardless of military status actually be prosecuted in a court martial for aiding the enemy under UCMJ article 104; and 5) analyze the feasibility of a prosecutor in a military commission charging an alien with article 104 of the UCMJ, taking into account consideration of whether or not there is a duty of allegiance.

Publication Date

2015

Document Type

Memo

Included in

Criminal Law Commons, International Law Commons

COinS