Reclassification of Terrorists:
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 (Elsea).
"The US Constitution empowers Congress to define and punish violations of international law as well as to establish courts with exclusive jurisdiction over military offesnes. United States law recognizes the legality of creating military commissions to deal with "offenders or offenses designated by statute or the law of war." Under the former Articles of War and subsequent statute, the US President has the authority to convene military commissions to try offenses against the law of war. Military commissions could be convened to try such offenses whether committed by US servicemembers, civilian citizens, or enemy aliens. A declared state of war need not exist" (Elsea).
