Phillippe Sands reminds us that even if the Military Commissions Act of 2006 may have insulated American officials from domestic criminal liability under the War Crimes Act, they may someday face liability based on precedents created in part by American lawyers and jurists following World War II. Indeed, the passage of the Military Commissions Act, far from insulating these officials from liability from war crimes, may have made it easier to prosecute them:
