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Access to war crimes appeal documents

The Pentagon has just added a new online page to provide documents and materials from the new military appeals court that was created to hear appeals in war crimes cases before military commissions — the U.S. Court of Military Commission Review. Here is the link.

The Pentagon website www.defenselink.mil has a page for Detainee Affairs. Through that page, one finds a Military Commission page. On that page, the line “United States Court of Military Comission Review” has been added. Clicking on that line, or going directly to the address linked above, reaches the CMCR’s page. It provides links to the rules of practice, and to materials filed in the only case so far before that court, that of Omar Ahmed Khadr (CMCR docket 1).

Briefs filed in the Khadr case, and other future cases, will not appear immediately on Defenselink when they are filed. The Clerk of the CMCR has adopted a practice of holding the briefs for two days to allow the other side to suggest redactions or to plan to file other motions. The briefs then will be available for posting on Defenselink. For example, a prosecution supplemental brief filed on Monday is not yet available, as of midday Tuesday.