Notre Dame Expert: Standing by the rule of law in terrorism trials | News | Notre Dame News | University of Notre Dame Skip To Content Skip To Navigation Skip To Search University of Notre Dame Notre Dame News Experts ND in the News Subscribe About Us Home Contact Search Menu Home › News › Notre Dame Expert: Standing by the rule of law in terrorism trials Notre Dame Expert: Standing by the rule of law in terrorism trials Published: March 05, 2010 Author: Shannon Roddel As President Obama considers a recommendation to reverse the decision to prosecute Khalid Sheikh Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, in a civilian court and instead try him in a military tribunal, legal questions from both parties continue to cloud the issue. University of Notre Dame legal expert Mary Ellen O’Connell believes that the original ruling by Attorney General Eric H. Holder, Jr. was legally sound. “President Obama and Attorney General Holder made a politically tough, but legally correct, decision when they announced that Khalid Sheik Mohammed and others would be tried in civilian courts for the crime of terrorism,” says O’Connell, who specializes in international law, international legal regulation and use of force and conflict resolution. “Now it appears that the president is bowing to political pressure and reversing the decision. If he does so, he puts the United States on the wrong side of the law. Deciding on proper courts, proper procedure, and proper charges rests fundamentally on legal principles—not political ones. The law requires that the president make the right decision, popular or not,” says O’Connell. “I have full confidence in the American criminal justice system to be able to hold fair trials of terrorism suspects without endangering the public. If the president does not have this confidence, then his alternative is to return Khalid Sheik Mohammed to Pakistan. The Pakistanis are holding numerous terrorism suspects and trying them in regular courts.” According to O’Connell, only members of the armed forces and combatants captured on the battlefield may be tried before military commissions, if necessary. Mohammed fits neither of these categories. The Robert and Marion Short Professor of Law at Notre Dame, O’Connell is vice president of the Society of International Law and is the author of “The Power and Purpose of International Law.” More on O’Connell, including a videotaped interview on the protection of human rights and a high-res photo, is available here Contact: Professor O’Connell at 574-631-7953 or MaryEllenOConnell@nd.edu Posted In: International Research Home Experts ND in the News Subscribe About Us Related September 29, 2022 Notre Dame, Ukrainian Catholic University launch three new research grants September 27, 2022 Notre Dame, Trinity College Dublin engineers join to advance novel treatment for cystic fibrosis September 12, 2022 Can you tell me how to get to Sesame Street … in different countries? June 01, 2022 University of Notre Dame to establish consortium of Catholic universities to study Muslim-Christian relations May 03, 2022 Pulte Institute launches Central America Research Alliance For the Media Contact Office of Public Affairs and Communications Notre Dame News 500 Grace Hall Notre Dame, IN 46556 USA Facebook Twitter Instagram YouTube Pinterest © 2022 University of Notre Dame Search Mobile App News Events Visit Accessibility Facebook Twitter Instagram YouTube LinkedIn