Mary M. Cheh. “Should Lawyers Participate in Rigged Systems: The Case of the Military Commissions.” Journal of National Security Law & Policy, vol. 375, no. 1 (2005): 1-54.
This article explores the ethical dilemma faced by defense lawyers asked to represent detainees in the Guantánamo Bay military commissions—a system widely criticized for being fundamentally biased and unfair. Focusing on the post-9/11 context, Cheh examines whether lawyers should participate in legal proceedings that offer only the illusion of justice, potentially legitimizing a flawed system, or instead refuse involvement to preserve professional integrity. She supports the National Association of Criminal Defense Lawyers’ (NACDL) position urging a boycott, arguing that in cases where adequate representation is structurally impossible, abstaining is the more ethical course of action.