The military is considering whether to hold military tribunals at Guantanamo for some of the detainees.
"Juvenile justice standards are clear: children should not be tried before military tribunals, " she said.
The Inter-American Court of Human Rights has declared Mexico's military tribunals illegal four times.
But as a matter of policy, "Military tribunals are the proper venue for enemy combatants, " he said.
And yet there are no plans, we're told, no plans at this point, about setting up military tribunals.
The Supreme Court has ruled that military tribunals cannot try United States citizens if civilian courts are open.
The idea of military tribunals worries many of America's European allies, including those thinking of extraditing terrorist suspects.
Naturally, the rules for conducting criminal trials differ from those for military tribunals.
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On this score, the incoherence of the Obama administration's policies on domestic terrorism, detainees and military tribunals unsettles people.
But Hamdan's lawyers counter that that authorization makes no mention of military tribunals.
The Bush administration points to Supreme Court decisions during and right after World War II that upheld military tribunals like these.
"We don't expect lots and lots of military tribunals, " the official said.
But Tsarnaev is a naturalized U.S. citizen, and under U.S. law, American citizens cannot be tried by military tribunals, White House spokesman Jay Carney said.
One said President Bush's system of military tribunals is illegal.
The confessions were used to convict them before military tribunals.
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Today the U.S. Supreme Court hears arguments over military tribunals.
The administration says that he has the power as Commander in Chief to set the rules for these military tribunals and that the Supreme Court doesn't have jurisdiction to intervene.
Mr Hamdan contested his status as "enemy combatant", and his lawyers were seeking to force US authorities to try him in a civilian court, arguing that the military tribunals were illegal under US law.
Mr. ANDREW MCBRIDE (former Federal Prosecutor): The Commander in Chief does carry with it the authority to repel invasion or attack, and use certain means to do so: one of which could be the use of military tribunals.
Given that these will be America's first military tribunals since the aftermath of the second world war, the move would appear to be a reaction to the Supreme Court's ruling, though unlike other detainees the three had been charged some months ago.
But the administration's opponents point to changes in the laws of war under the Geneva Conventions since World War II, and they contend that because of those changes, the U.S. did not use military tribunals in the half century that followed, not even against guerilla fighters of the Vietcong.
Military jurisdiction over tribunals comes from the Constitution and international law.
It's true that the convention exempts "military activities" from the tribunals' jurisdiction, but it does not define the term.
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U.S. military hearings known as combatant status review tribunals determine whether a prisoner can be designated an "enemy combatant" and prosecuted by the military.
Before Adenauer was brought in to lead West Germany, aside from Hitler passing from the scene, the Nazi regime he created was militarily defeated and Nazi leaders -- both political and military -- were brought before war crimes tribunals.
Earlier this month two military judges dismissed charges against Hamdan and another detainee, on the pedantic ground that administrative tribunals had designated them enemy combatants, not unlawful enemy combatants--notwithstanding that they clearly meet the Military Commissions Act's definition of unlawful combatants.
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