The Military Commissions Act of 2006: Background and Proposed Amendments
September 8, 2009 - R40752
On November 13, 2001, President Bush issued a Military Order (M.O.) authorizing trial by military commission of certain non-citizens suspected of participating in the war against terrorism. The Supreme Court struck down military commissions established pursuant to the M.O. as inconsistent with the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. DOD published regulations to govern military commissions pursuant to the MCA. Three prosecutions under those regulations resulted in convictions. Shortly after taking office, President Obama took action to suspend the operation of military commissions pending a review of all Guantanamo detentions for the purpose of assessing options for the lawful disposition of each detainee. The Detention Policy Task Force set up to conduct the review issued a preliminary report announcing that while federal criminal court would be the preferred forum for trying enemy terrorists who are suspected of having violated U.S. criminal law, military commissions, with significant reforms, would remain an option for prosecuting violations of the law of war. This report provides a background and analysis ...