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

Summary

Military commissions can try people covered by this chapter for crimes made punishable by this chapter, by sections 904 and 906, or by the law of war, whether the act happened before, on, or after September 11, 2001. They may impose any punishment the chapter allows, including death when the chapter specifically permits, within limits the President sets. A military commission can decide it has the authority to hear the case.

Title 10, §948d

Armed Forces — Source: USLM XML via OLRC

A military commission under this chapter shall have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter, section 904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military Justice), or the law of war, whether such offense was committed before, on, or after September 11, 2001, and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized under this chapter. A military commission is a competent tribunal to make a finding sufficient for jurisdiction.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 948d, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to jurisdiction of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84. A prior section 948e, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, which required the Secretary of Defense to submit an annual report to congressional committees, was omitted in the general amendment of this chapter by Pub. L. 111–84. See section 1806 of Pub. L. 111–84, set out as a note under section 948a of this title.

§948d Jurisdiction of Military Commissions

Summary

Title 10, §948d

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata