Trying Terrorists as War Criminals

Publication Date: October 2001

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

Type:

Abstract:

In the aftermath of the September 11 terrorist attacks on the World Trade Center and the Pentagon, the question of whether to treat the attacks as acts of war or criminal acts has not been fully settled. The purpose of this report is to clarify the rationale for treating the acts as war crimes and the ramifications of applying the law of war rather than criminal statutes to prosecute the perpetrators. The discussion focuses on the trial of alleged terrorists and conspirators by a military commission rather than the federal courts.