SCENARIOS - Trying Guantanamo inmates after Guantanamo

By Randall Mikkelsen

WASHINGTON (Reuters) - Defence lawyers view U.S. President Barack Obama's move for a four-month delay in Guantanamo trials of accused September 11 plotters and other pending cases as the death knell for the process.

The military commissions process established by Congress in 2006 has been condemned internationally, by defence lawyers, and by some prosecutors.

Since the commissions were founded, two men have been convicted at trial and one pleaded guilty. Two of these have already returned to their home countries.

Here are some issues Obama will face in establishing a new system to replace the commissions:

WHAT COURTS?

About 80 terrorism suspects at Guantanamo, including five accused September 11 plotters, are considered likely candidates for eventual trial. Obama has said traditional U.S. courts should be able to handle the cases, but whether military or civilian courts will be used is unclear.

If any prisoners are tried in existing military courts, some changes in the uniform code of military justice may be needed to make it applicable to detainees who are not considered prisoners of war and to cover terrorism charges.

WHAT TO DO WITH COERCED EVIDENCE?