10 U.S.C. § 950p: Definitions; construction of…

Summary

Defines key terms and limits when wartime crimes can be tried by military commissions. Military objective: people or things that help the enemy fight and whose loss would give a clear military advantage. Protected person: someone the Geneva Conventions protect, like civilians not fighting or wounded or detained soldiers and medical or religious military staff. Protected property: buildings and objects the law of war shields (like hospitals, places of worship, schools, monuments), but only if they are not being used for military purposes. For the crimes listed in paragraphs (1), (2), (3), (4), and (12) of section 950t, accidental or incidental harm from a lawful attack (collateral damage) is not treated as those crimes. A military commission may only try these offenses when they occur during and are connected to hostilities. The subchapter simply puts into law offenses long tried by military commission; it does not create new crimes and does not stop trials for acts that happened before it was enacted or as amended by the National Defense Authorization Act for Fiscal Year 2010.

Title 10, §950p

Armed Forces, Source: USLM XML via OLRC

(a)Definitions.—

In this subchapter:

(1)The term “military objective” means combatants and those objects during hostilities which, by their nature, location, purpose, or use, effectively contribute to the war-fighting or war-sustaining capability of an opposing force and whose total or partial destruction, capture, or neutralization would constitute a definite military advantage to the attacker under the circumstances at the time of an attack.

(2)The term “protected person” means any person entitled to protection under one or more of the Geneva Conventions, including civilians not taking an active part in hostilities, military personnel placed out of combat by sickness, wounds, or detention, and military medical or religious personnel.

(3)The term “protected property” means any property specifically protected by the law of war, including buildings dedicated to religion, education, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, but only if and to the extent such property is not being used for military purposes or is not otherwise a military objective. The term includes objects properly identified by one of the distinctive emblems of the Geneva Conventions, but does not include civilian property that is a military objective.

(b)Construction of Certain Offenses.—

The intent required for offenses under paragraphs (1), (2), (3), (4), and (12) of section 950t of this title precludes the applicability of such offenses with regard to collateral damage or to death, damage, or injury incident to a lawful attack.

(c)Common Circumstances.—

An offense specified in this subchapter is triable by military commission under this chapter only if the offense is committed in the context of and associated with hostilities.

(d)Effect.—

The provisions of this subchapter codify offenses that have traditionally been triable by military commission. This chapter does not establish new crimes that did not exist before the date of the enactment of this subchapter, as amended by the National Defense Authorization Act for Fiscal Year 2010, but rather codifies those crimes for trial by military commission. Because the provisions of this subchapter codify offenses that have traditionally been triable under the law of war or otherwise triable by military commission, this subchapter does not preclude trial for offenses that occurred before the date of the enactment of this subchapter, as so amended.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this subchapter, as amended by the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (d), is the date of enactment of Pub. L. 111–84, which was approved Oct. 28, 2009.

Prior Provisions

A prior section 950p, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2624, related to statement of substantive offenses, prior to the general amendment of this chapter by Pub. L. 111–84.

§950p Definitions; Construction of Certain Offenses; Common Circumstances