§948b — Title 10 Armed Forces | U.S. Code

Summary

Creates rules for using military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses. The President may set up those commissions under this chapter. The procedures borrow from the rules for general courts-martial in chapter 47 of the UCMJ, but chapter 47 does not automatically apply. Only the parts of chapter 47 that this chapter or its rules say apply will be used, and court decisions about chapter 47 do not by themselves control these commissions. Sections 810, 831(a), 831(b), 831(d), and 832 of this title do not apply to these trials. Other parts of chapter 47 apply only as this chapter or those parts say. An alien unprivileged enemy belligerent subject to trial by commission may not use the Geneva Conventions to bring a private lawsuit.

Title 10, §948b

Armed Forces — Source: USLM XML via OLRC

(a)This chapter establishes procedures governing the use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission.

(b)The President is authorized to establish military commissions under this chapter for offenses triable by military commission as provided in this chapter.

(c)The procedures for military commissions set forth in this chapter are based upon the procedures for trial by general courts-martial under chapter 47 of this title (the Uniform Code of Military Justice). Chapter 47 of this title does not, by its terms, apply to trial by military commission except as specifically provided therein or in this chapter, and many of the provisions of chapter 47 of this title are by their terms inapplicable to military commissions. The judicial construction and application of chapter 47 of this title, while instructive, is therefore not of its own force binding on military commissions established under this chapter.

(d)(1)The following provisions of this title shall not apply to trial by military commission under this chapter:

(A)section 810 (article 10 of the Uniform Code of Military Justice), relating to speedy trial, including any rule of courts-martial relating to speedy trial.

(B)section 831(a), (b), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination.

(C)section 832 (article 32 of the Uniform Code of Military Justice), relating to preliminary hearing.

(2)Other provisions of chapter 47 of this title shall apply to trial by military commission under this chapter only to the extent provided by the terms of such provisions or by this chapter.

(e)No alien unprivileged enemy belligerent subject to trial by military commission under this chapter may invoke the Geneva Conventions as a basis for a private right of action.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 948b, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2602, related to military commissions generally, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2013—Subsec. (d)(1)(C). Pub. L. 113–66 substituted “preliminary hearing” for “pretrial investigation”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2013 AmendmentAmendment by Pub. L. 113–66 effective on the later of Dec. 26, 2014, or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Dec. 19, 2014) and applicable with respect to preliminary hearings conducted on or after that

Effective Date

, see section 1702(d)(1) of Pub. L. 113–66, set out as a note under section 802 of this title.

Executive Documents

Ex. Ord. No. 13425. Trial of Alien Unlawful Enemy Combatants by Military Commission Ex. Ord. No. 13425, Feb. 14, 2007, 72 F.R. 7737, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Military Commissions Act of 2006 (Public Law 109–366), the Authorization for Use of Military Force (Public Law 107–40), and section 948b(b) of title 10, United States Code, it is hereby ordered as follows: section 1. Establishment of Military Commissions. There are hereby established military commissions to try alien unlawful enemy combatants for offenses triable by military commission as provided in chapter 47A of title 10. Sec. 2. Definitions. As used in this order: (a) “unlawful enemy combatant” has the meaning provided for that term in section 948a(1) of title 10; and (b) “alien” means a person who is not a citizen of the United States. Sec. 3. Supersedure. This order supersedes any provision of the President’s Military Order of November 13, 2001 (66 Fed. Reg. 57,833), that relates to trial by military commission, specifically including: (a) section 4 of the Military Order; and (b) any requirement in section 2 of the Military Order, as it relates to trial by military commission, for a determination of: (i) reason to believe specified matters; or (ii) the interest of the United States. Sec. 4. General Provisions. (a) This order shall be implemented in accordance with applicable law and subject to the availability of appropriations. (b) The heads of executive departments and agencies shall provide such information and assistance to the Secretary of Defense as may be necessary to implement this order and chapter 47A of title 10. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person. George W. Bush.

§948b Military commissions generally

Summary

Title 10, §948b

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Executive Documents

Citations & Metadata