A Symposium on Domestic Terrorism: Justice of War Criminals of Invisible Armies: A New Legal and Military Approach to Terrorism

Spencer J. Crona and Neal A. Richardson
21 Okla. City U. L. Rev. 349 (1996)

Article Abstract:
The specter of terrorism in the United States has risen in the aftermath of the bombings of the World Trade Center in New York and the Murrah Federal Building in Oklahoma. The authors fear that the criminal justice system is both an ineffectual and legally inappropriate way to try and punish terrorists. Can the United States afford the risk that a politically motivated terrorist - someone willing to kill innocent civilians- will escape conviction in court on technicalities? Mr. Crona and Mr. Richardson suggest a return to the military tribunal system as an alternative to civilian criminal trials for accused terrorists. They propose that terrorism is properly considered and act of war, and that suspected terrorists should be treated as suspected war criminals. The Article argues that a return to the military tribunal would not significantly alter the procedural or substantive process due the accused terrorist. The Article also recommends a return to, and even an expansion of, the Ker doctrine of permissive capture of suspected criminals abroad. The authors assert that their response tot he increasingly severe consequences of terrorism to the United States is reasonable in light of the risks and costs associated with the domestic criminal justice system.

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