"On behalf of 12 retired generals and admirals of the United States Armed Forces, Human Rights First yesterday filed an amicus brief… urging the United States Supreme Court to address the government’s attempt to use military commissions to prosecute crimes that were not committed in an armed conflict," the release stated.
The release noted the legality of al-Nashiri's military tribunal is in question because none of the charges were conducted during an armed conflict.
The retired military personnel said US service members and nations would be at a greater risk of mistreatment and the "legitimacy and effectiveness of US counterterrorism" operations could be compromised if the detainee is subject to a military tribunal when the legality is in question, the release added.