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Military Commissions – Law, Policy, and Resources

Military Commissions – Law, Policy, and Resources

Camp Justice Guantanamo Bay Naval Station

The ongoing law of war military commissions at US Naval Station-Guantanamo Bay, have resulted in an ongoing evolution of the law and policy governing the accountability for war crimes, the procedures and policies governing trials by military commissions, and their basis in domestic and international law. These materials include both current and historical documents and include reports from the National Institute of Military Justice’s ongoing Guantanamo observers program. The library includes documents that detail procedures in the original military commissions established under Presidential Order of November 13, 2001, and subsequent documents for procedures and regulations for trials under the Military Commissions Act of 2006 and the Military Commissions Act of 2009, and subsequent statutory change.

Help us build our library by sending us suggestions on other documents to include on these topics, or if your law school, law student, or law firm wants to assist in the development of our military commission materials as an individual project, please contact us.

TypeDescriptionYearKeywords

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018 Article, Martin S Lederman, The Law of the Lincoln Assassination, 118 Colum L Rev 323 (2018) 2018Military Commission, History, Lincoln. Lincoln Assassination, John Wilkes Booth, Al Qaeda, Non-state Organization, Terrorist, Trial, Constitutionality, Miiltary Jurisdiction, Civilian Jurisdiction, Justice Department, Martial Law, Necessity, Lieber Code, Laws of War, Habeas Act, Surratt, Guerrilla Sentencing, Milligan, Jefferson Davis, Civil War, Confederacy, Executive Branch, Courts, Article III, Nazi Saboteurs, Quirin, Samuel Mudd, Military Tribunal, War on Terror

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2007 Manual for Military Commissions 2007Manual, Trial by Military Commissions, Regulation, Department of Defense

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2007 Military Commissions Trial Judiciary Rules of Court 2007Military Commissions, Trial Judiciary, Rules of Court, 2007, 2006 Military Commissions Act

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2007 Regulation for Trial by Military Commissions 2007Regulation, Trial by Military Commission, Department of Defense, Rules of Evidence

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2009 NIMJ Brief Application 4th Geneva Convention in Afghanistan 2009Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War, GC IV, GC III, Geneva Convetion III Relative to the Protection of Prisoners of War, POWs, Prisoners of War, Occupation, Afghanistan, Common Article 3, Hamdan, Exclusions

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2009 NIMJ Brief LOAC & Military Commissions 2009Law of Armed Conflict, Law of War, 2006 Military Commissions Act, 2006 MCA, Military Commissions, Hostilities, Direct Participation, Direct Participation in Hostilities, Define and Punish Clause, Common Law of War

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2009 NIMJ Brief Military Commissions & Bill of Attainder 2009Bill of Attainder, Legislative Determination of Guilt, Evidentiary Hearing, Hamdan, Khadr, Judicial Finding of Jurisdiction

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2009 NIMJ Brief Military Commissions & Classified Evidence 2009Military Commissions, Public Trial, 1st Amendment, Closed Hearings, Richmond Newspapers, Inc. V. Virginia, Rule for Military Commission 806, RMC 806

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2009 NIMJ Brief Military Commissions & Defense Access to Legal Counsel 2009Military Commissions, Right to Counsel, 6th Amendment, Foreign Attorney, Military Defense Counsel, Civilian Defense Counsel, Military Commission Rule 506, MCR 506, Courts-martial, RCM 506, Khadr

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2009 NIMJ Brief Military Commissions & Detainee Torture 2009Jawad, Frequent Flyer Progam, Torture, Cruel Inhumane and Degrading Treatment, CIDT, CIA, Guantanamo, Remedies, Dismissal of Charges, Constant Lighting, Sleep Deprivation, Coersive Interrogation, Al Qatani, Susan Crawford, Excessive Heat, Constant Lighting, Loud Noises

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2009 NIMJ Brief Military Commissions & Ex Post Facto 2009Khadr, Military Commissions, Ex Post Facto Clause, US Constitution, Murder in Violation of the Laws of War

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2009 NIMJ Brief Military Commissions & Hearsay 2009Military Commissions, Hearsay, Confrontation Clause, 6th Amendment, 2006 Military Commissions Act, 2006 MCA, MCRE 803, Miliary Commission Rule of Evidence 803, Hearsay Rule

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2009 NIMJ Brief Military Commissions & Murder in Violation of the Law of War 20092006 MCA, 2006 Military Commissions Act, Murder in Violation of the Law of War, Elements, Congressional Intent, Jawad, Unlawful Enemy Combatant, Status

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2009 NIMJ Brief Military Commissions & Personal Jurisdiction 20092006 Military Commissions Act, 2006 MCA, Personal Jurisdiction, Alien Unprivileged Enemy Combatant, AUEC, Hostilities, Co-belligerent, Taliban, Hamdan, Khadr, Combatant Status Review Tribunal, CSRT, Court of Military Commission Review, CMCR, 2002 Presidential Determination

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2009 NIMJ Brief Military Commissions & Pro Se Representation 2009Right to Represent Self, Stand by Counsel, Pro Se Representation, Advisement of Right to Counsel, Disadvantates of Self Representation

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2009 NIMJ Brief Military Commissions & Prosecution of Child Soldiers 2009Child Soldiers, Optional Protocol, Convention on Rights of the Child, Khadr, Jawad, International Law, United Nations Committee, 2006 Military Commissions Act, 2006 MCA, Prosecution, Rehabilitation, Reintegration

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2009 NIMJ Brief Military Commissions & Right Against Self Incrimination 20092006 Military Commissions Act, 2006 MCA, Involuntary Statements, Torture, CIDT, Hamdan, Jawad, Miranda, Constitution, Extraterritoriality, Constitution Extraterritorial Application, Boumediene, Involuntariness

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2009 NIMJ Brief Military Commissions & Right to Public Trial 2009Military Commissions, Public Trial, 1st Amendment, Closed Hearings, Richmond Newspapers, Inc. V. Virginia, Rule for Military Commission 806, RMC 806

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2009 NIMJ Brief Military Commissions & Speedy Trial 2009Right to Speedy Trial, Barker V. Wingo, Fundamental Rights, Hamdan, Military Commission

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2009 NIMJ Brief Military Commissions & Translation and Interpreters 2009Military Commissions, Translation, Translators, Interpreters, Presence, 5th Amendment, Due Process Clause, United States V. Carrion

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2009 NIMJ Brief Military Commissions & Indictment and Trial by Jury 2009Military Commissions, Indictment, Grand Jury, Trial by Jury, 5th Amendment, US Constitution

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2009 NIMJ Brief Military Commissions and Detainee Status POW or AUEC 2009Military Commissions, Hamdan, Alien Unlawful Enemy Combatants, AUEC, 2006 Military Commissions Act, Article 5 Tribunal, Geneva Convention III, Geneva Convention Relative to Prisoners of War, Prisoners of War, POWs, AR 190-8, Law of Armed Conflict

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2009 NIMJ Brief on Guantánamoo Military Commissions 2006 Defense Access to Resources 20092006 Military Commissions Act, 2006 MCA, Miltiary Commissions, Expert Consultants, Rule for Court-Martial 703, RCM 703, Rule for Military Commission 703, RMC 703, Equal Access to Evidence, Reasonable Access to Evidence, Convening Authority, Prosecution, Article 46, Uniform Code of Military Justice, UCMJ

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2010 Manual for Military Commissions, United States (Apr 27, 2010) 2010Manual for Military Commissions, Convening Authority, Charges, Rules of Evidence, Preferral, Referral, Unlawful Influence, Rules of Court, Jurisdiction, Offense, Person, Swearing, Members, Military Judge, Counsel, Right to Counsel, Discovery, Depositions, Evidence, Production, Witnesses, Immunity, Pretrial Agreements, Mental Capacity, Mental Responsibility, Conference, Pretrial, Public Trial, Rehearings, New Trial, Stipulations, Joint Trials, Arraignment, Motions, Capacity, Pleas, Mistrial, Defenses, Findings, Sentencing, Capital Cases, Record of Trial, Action, Suspension, Execution, Appeals, Appellate Counsel, Privilege, Hearsay, Confessions, Voluntary Statements, Classified Information, Interpreters, Impeachment, Experts, Crimes, Elements

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2010 NIMJ Brief 2010 Changes to Manual for Military Commissions 2010Changes to Manual for Trial by Military Commission, Changes, Manual, Trial by Military Commission, Unlawful Enemy Combatant, Unprivileged Enemy Belligerent, Penal Jurisdiction, Capital Charges, Plea of Guilty to Capital Charge, Right to Choice of Counsel, Presence of Accused, Rules of Evidence, Crimes and Elements

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2010 NIMJ Brief Military Commissions & Tortured Evidence and CIDT 20102006 Military Commissions Act, 2006 MCA, Miltiary Commissions, Hamdan, Jawad, Torture, Detainee Treatment Act, 2005 DTA, Cruel Inhuman and Degrading Treatment, CIDT, Threats, Threats to Family, Sleep Deprivation, Taint, Dissipation of Taint, 2006 MCA Section 949r, Post Traumatic Stress Disorder, PTSD, Evidence

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2011 Regulation for Trial by Military Commission 2011Military Commission, Professional Responsibilty, Convening Authority, Charges, Referral, Membership, Members, Military Judges, Reporters, Interpreters, Trial Counsel, Defense Counsel, Misconduct, Oaths, Pre-trial Agreements, Witnesses, Funding, Compulsory Process, Experts, Travel, Interrogatories, Deposition, Immunity, Victims, Victim Assistance, Classified Information, Public Access, Public Trial, Result of Trial, Record of Trial, Appellate Review, United States Court of Military Commission Review, Rehearings

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2012 Manual for Military Commissions, United States ((Aug 14, 2012) 2012Rules for Military Commissions, Trial, Unlawful Influence, Professional Responsibilty, Jurisdiction, Personal Jurisdiction, Offense, Charges, Pretrial Advice, Convening Authority, Personnel, Members, Military Judge, Counsel, Convening, Right to Counsel, Accused, Referral, Service, Charges, Discovery, Depositions, Production, Witnesses, Evidence, Immunity, Pretrial Agreements, Mental, Mental Capacity, Mental Responsibility, Conferences, Accused, Public Trial, Oaths, Contempt, New Trials, Rehearings, Stipulations, Joint Trials, Disqualification, Motions, Appeals, Pleas, Capacity, Production, Discovery, Mistrial, Defenses, Findings, Instructions, Sentencing, Punishment, Capital, Record of Trial, Appellate Review, Court of Miltiary Commission Review, CMCR, Rules of Evidence, President, Crimes, Elements, Law of War

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2017 Article, Martin S Lederman, Spies, Saboteurs, and Enemy Accomplices History's Lessons for the Constitutinality of Wartime Military Tribunals, 105 Geo L J 1529 (2017) 2017Article III, Civilian, Military, Civilian Jury, Petty Offenses, Criminal Trials, Military Tribunals, Courts-martial, Occupation Courts, Martial Law Courts, Functional Justifications, Fairness, Extraterritorial, Belliegerent, Municipal, Quirin, Spying, Aiding the Enemy, Civil War, Crowder, Articles of War, Military Jurisdiction, Civil Jurisdiction

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ABA Standing Committee on Law and National Security, National Strategy Forum, & McCormick Foundation, Report Trying Terrorism in Article III Courts Challenges and Lessons Learned, 2009 2009American Bar Association, ABA, Federal Courts, Terrorism, Exculpatory Evidence, Evidence, Confrontation, Fifth Amendment, Sixth Amendment, Self-incrimination, CIPA, Classified Information, Ad Hoc Procedures, Crawford, Miranda, Quarles, Public Danger Exception, Counsel, Due Process, Rights Advisement, Right to Remain Silent, Pro Se, Self Representation, Classified Information Procedures Act. Chain of Custody, Intelligence, Foreign Relations, Hearsay, Battlefield, Coerced Statements, Law Enforcement, Counsel, Chain of Custody, SCIF, Court Security Officer, CSO, Cultural Barriers, Solitary Confinement, Special Administrative Measures, SAMs, Defense Counsel Access, Faretta, Brady, Language Barriers, Jury Pool, Shackles, Flexibility

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ABA Standing Committee on Law and National Security Workshop on Due Process and Terrorism (Nov 2007) 2007Due Process, Terrorism, American Bar Association, Enemy Combatants, Guantanamo, Combat Status Review Tribunals, CSRT, Combatant, Detention, Habeas, Habeas Corpus, Unprivileged Belligerents, Quirin, Milligan, US Citizens, Experts, Law of War

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CRS Report R40752, The Military Commissions Act of 2006 Background and Proposed Amendments (Sep 8, 2009) 2009Military Commissions Act, 2006 Military Commissions Act, Amendments, Personal Jurisdiction, Subject-matter Jurisdiction, Jurisdiction, Right to Be Present, Right to Counsel, Evidence, Classified Information, Hearsay, Coerced Statements, Temporal Jurisdiction, Spatial Jurisdiction, Discovery, Post-trial, Mitigation, Double Jeopardy, Appeal, Appellate Rights, Military Commission Rules, Procedural Safeguards, CRS

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CRS Report R40932, Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court (Nov 19, 2011) 2011Military Commissions, Federal Criminal Trials, Article III Courts, Jurisdiction, Persons, Offenses, Presumption of Innocence, Right to Be Present, Speedy Trial, Public Trial, Compulsory Process, Independent Review Authority, Searches, Seizures, Effective Assistance of Counsel, Presentment, CRS

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CRS Report RL31600, The Department of Defense Rules of Military Commissions Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice (Sep 25, 2006) 2006CRS, Military Commission, Rules for Military Commissions, Uniform Code of Military Justice, UCMJ, Hamdan, Guantanamo, Jurisdiction, Sentencing, Post Trial, Evidence, Evidentiary Rules, Rasul, Military Order, Winthrop, Eisentrager, Geneva Conventions, Article 21, UCMJ, Al Qaeda, Common Article 3, Judicial Guarantees, Civlized Peoples, Article 36, Time of War, Rules for Military Commission, Department of Defense, DoD, Jurisdiction, Unprivileged, Subject-matter Jurisdiction, Temporal, Spatial, Personal Jurisdiction, Composition, Powers, Procedural Safeguards, Open Hearing, Right to Counsel, First Amendment, Discovery, Confrontation, Evidence, Sentencing, Appeal, Appellate Review, Double Jeopardy, Legislation, Evidenitary Rules, Hearsay, Classified Evidence, Classified Information, Exculpatory, Interlocutory Appeal,

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CRS Report RL32458, Military Tribunals Historical Patterns and Lessons ((Jul 9, 2004) 2004CRS, Military Commissions, Quirin, Vallandigham, Seminole, Dakota, Mexican War, Merryman, Milligan, Wirz, Mudd, Surratt, Nazi Saboteur, Hawaii, Command Responsibility, Eisentrager, Articles of War, Military Courts, Andre, New Orleans, Colepaugh, Tiede, Yamashita, Duncan, Madsen, Kinsella, Homma, Hirota, Law of War

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CRS Report RL 311911, Terrorism and the Law of War Trying Terrorists as War Criminals Before Military Commissions, (Dec 11, 2001) 2001CRS, Terrorism, Terrorists, Law of War, War Crimes, Military Order, Military Necessity, Humanity, Protection of Civilians, Law of Armed Conflict, Armed Conflict, Belligerents, Authority to Detain, Due Process, International Standards, President, Presidential Authority, Procedural Rules

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Change 1 to 2011 Regulation for Trial by Military Commission (Jan 7, 2015) 2015Military Judges, Unlawful Influence, Detailed Military Judge, Exclusive Judicial Duty, Guantanamo, Duty Location

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Dep't of Defense Military Commission Order No 1 Procedures for Trial by Military Commission of Certain Non United States Citizens in the War Against Terror (Mar 21, 2002) 2002Military Commissions, Presidential Order of November 13 2001, Violations of the Law of War, Jurisdiction, Integrity, Members, Presiding Officer, Chief Prosecutor, Defense Counsel, Office of the Chief Defense Counsel, Choice of Counsel, Representation, Accused, Referral, Convening Authority, Plea Agreements, Evidence, Commission, Oaths, Witnesses, Testimony, Protective Order, Closure of Proceedings, Trial, Voting Sentence, Review, Regulation, State Secret

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Department of Defense, Military Commission Instruction No 1, Military Commission Instructions (Apr 30, 2003) 2003Military Commission, Military Commission Instruction, No. 1, Professional Responsibility, Presiding Officer, Presidential Order, Order of November 13, Department of Defense, DoD, General Counsel

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Department of Defense, Military Commission Instruction No 2, Crimes and Elements for Trial by Military Commission (Apr 30, 2003) 2003Military Commission, Military Commission Instruction, No. 2, Crimes, Elements, Common Law of War, Law of War, Wrongfulness, Defenses, Self-defense, Mistake of Fact, Statute of Limitations, Combatant, Combatant Immunity, Armed Conflict, Military Objective, Protected Property, War Crimes, Civilian, Objects, Pillaging Quarter, Hostages, Poison, Prohibited Weapons, Shields, Torture, Mutilation, Maiming, Treachery, Perfidy, Flag of Truce, Protective Emblem, Dead Body, Rape, Hijacking, Hazarding, Vessel, Aircraft, Terrorism, Unprivileged Belligerent, Aiding the Enemy, Spying, Aiding, Abetting, Solicitation, Command Responsibility, Accessory, Misprison, Conspiracy, Attempt,Presidential Order of November 13

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Department of Defense, Military Commission Instruction No 3, Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors (Apr 30, 2003) 2003Military Commission, Military Commission Instruction, No. 3, Department of Defense, DoD, General Counsel, Chief Prosecutor, Prosecutors, Assistant, Responsiblities, Detailed, Judge Advocate, Prosecution, Qualifications, Presidential Order of November 13

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Department of Defense, Military Commission Instruction No 4, Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel (Apr 30, 2003) 2003Military Commission, Military Commission Instruction, No. 4, Responsiblities, Civilian Defense Counsel, Military Defense Counsel, Detailed Defense Counsel, Military Order of November 13, Office of the Chief Defense Counsel, Department of Defense, DoD, General Counsel, Judge Advocate, Confidentiality, Media, Qualifications,Presidential Order of November 13

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Department of Defense, Military Commission Instruction No 5, Qualifications of Civilian Defense Counsel (Apr 30, 2003) 2003Military Commission, Military Commission Instruction, No. 5, Responsiblities, Civilian Defense Counsel, Pool, US Citizens, United States Citizens, Security Clearance, Office of Chief Defense Counsel, Qualifications, Presidential Order of November 13

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Department of Defense, Military Commission Instruction No 6, Reporting Relationships for Military Commission Personnel (Apr 30, 2003) 2003Military Commission, Military Commission Instruction, No. 6, Responsiblities, Reporting, Military Commission Personnel, Supervisory, Performance Evaluation, Commission Members, Performance, Evaluation, Qualifications, Presidential Order of November 13

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Department of Defense, Military Commission Instruction No 7, Sentencing(Apr 30, 2003) 2003Military Commission, Military Commission Instruction, No. 7, Sentencing, Punishment, Death, Deterrence, Rehabilitation, Conditions of Imprisonment, Sentence Modification, Recommendation, Plea Agreements, Prosecution Duties, Qualifications,Presidential Order of November 13

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Department of Defense, Military Commission Instruction No 8, Administrative Procedures (Apr 30, 2003) 2003Military Commission, Military Commission Instruction, No. 8, Administrative Procedures, Appointment, Members, Removal of Members, Good Cause, Military Commission Security Officer, Reporters, Interpreters, Detailing, Balliffs, Clerks, Interlocutory Questions, Presiding Officer, Mental Responsiblity,Presidential Order of November 13, Department of Defense, DoD

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Department of Defense, Military Commission Instruction No 9, Review of Military Commission Proceedings, (Dec 26, 2003) 2003Military Commission, Military Commission Instruction, No. 9, Review, Appointing Authority, Review Panel, Members, Qualifications, Appointment, Panel, Composition, Oath, Post-trial, Record of Trial, Standard of Review, Written Opinions, Deliberation, Publication, Evaluation Reports, Presidential Order of November 13

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Department of the Army Pamplhet 27-9-1, Military Judges' Benchbook for Trial of Enemy Prisoners of War (4 Oct 2004) 2004Geneva Conventions, Military Judge, Benchbook, Enemy Prisoners of War, EPW, POW, Prisoners of War, GCIII, Third Geneva Convention, GPW, Law of War Offenses, Offenses, Law of War, Pre-capture, UCMJ, Uniform Code of Military Justice, Violation, Tailoring, Elements, Instructions, Definitions, Procedural Guide, Art. 39(a), Translation, Interpreters, Convening Orders, Charge Sheet, Pre-trial Advice, Reporter, Oath, Rights, Accused, Qualified, Advocate, Pro Se, Self-representation, Protecting Party, Right to Counsel, Civilian Counsel, Pre-trial Agreement, PTA, Forum, Arraignment, Pleas, Deferral, Guilty Plea, Stipulation, Inquiry, Pattern Instructions, Instructions, Findings, Willful Killing, Protected Person, Civilians, Red Cross, Circumstantial Evidence, Attack, Intent, Pillaging, Military Necessity, Quarter, Hostages, Poisonous, Poison, Chemical, Biological, Shields, in the Context of and Associated with Hostilities, Hostilities, Armed Conflict, Torture, Mutilation, Maiming, Treachery, Perfidy, Flag of Truce, Protective Emblems, Dead Body, Degrading, Rape, Mistake of Fact, Hijacking, Hazarding, Vessel, Aircraft, Terrorism, Act of War, Unprivileged Belligerent, Law of War, Customs of War, Levee En Masse, Aiding the Enemy, Obstruction of Justice, Aiding, Abetting, Solicitation, Conspiracy, Command Responsibility, Misprison, Accessory After the Fact, Abandonment, Attempt

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Military Commissions Act of 2006 2006Military Commissions, Military Commission Act of 2006, Elements, Offenses, Defenses, Personal Jurisdiction, Habeas, Treaty, Geneva Conventions, CSRT, Combat Status Review Tribunals, Unlawful Enemy Combatant, UEC, Alien, Combatant, Common Article 3, Geneva Conventions, Jurisdiction, Members, Detail, Military Judge, Trial Counsel, Defense Counsel, Reporters, Interpreters, Charges, Specifications, Compulsory Self-incrimination, Self-incrimination, Torture, Rules, Unlawful Influence, Sessions, Classified Information, Classified Information Procedures Act, CIPA, Oaths, Former Jeopardy, Jeopardy, Guilty Plea, Witnesses, Evidence, Courts of the United States, Mental Responsibility, Record of Trial, Cruel and Unusual Punishment, Confinement, Error, Review, Appeal, Rehearings, Court of Military Commission Review, CMCR, Counsel, Death Penalty, Offenses, Attempts, Solicitation, Civilians, Protected Persons, Pillaging, Quarter, Hostages, Poison, Shield, Torture, Cruel Inhuman Treatment, Mutilating, Maiming, Treachery, Perfidy, Flag of Truce, Emblem, Dead Body, Terrorism, Hijacking, Hazarding, Vessel, Aircraft, Material Support for Terrorism, Aiding the Enemy, Spying, Conspiracy, Uniform Code of Military Justice, UCMJ, Review, Habeas Corpus, Detainee Treatment Act of 2005

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Military Commissions Act of 2009 (2009 MCA) 2009Military Commissions, Military Commission Act of 2009, Elements, Offenses, Defenses, Personal Jurisdiction, Habeas, Treaty, Geneva Conventions, CSRT, Combat Status Review Tribunals, Unlawful Enemy Combatant, UEC, Alien, Combatant, Common Article 3, Geneva Conventions, Jurisdiction, Members, Detail, Military Judge, Trial Counsel, Defense Counsel, Reporters, Interpreters, Charges, Specifications, Compulsory Self-incrimination, Self-incrimination, Torture, Rules, Unlawful Influence, Sessions, Classified Information, Classified Information Procedures Act, CIPA, Oaths, Former Jeopardy, Jeopardy, Guilty Plea, Witnesses, Evidence, Courts of the United States, Mental Responsibility, Record of Trial, Cruel and Unusual Punishment, Confinement, Error, Review, Appeal, Rehearings, Court of Military Commission Review, CMCR, Counsel, Death Penalty, Offenses, Attempts, Solicitation, Civilians, Protected Persons, Pillaging, Quarter, Hostages, Poison, Shield, Torture, Cruel Inhuman Treatment, Mutilating, Maiming, Treachery, Perfidy, Flag of Truce, Emblem, Dead Body, Terrorism, Hijacking, Hazarding, Vessel, Aircraft, Material Support for Terrorism, Aiding the Enemy, Spying, Conspiracy, Uniform Code of Military Justice, UCMJ, Review, Habeas Corpus, Detainee Treatment Act of 2005,

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Military Commissions Trial Judiciary Rules Of Court (24 Apr 2013 Amended) 2013Military Commission, Rules of Court, Trial Judiciary, Military Judge, Counsel, Motions, Communications, Classified Information, Conferences, Ex Parte, Amending, Motion, Conference, Certification, Service, Sealed Filing, DoD Review Team, Computation of Time, Format, Timing, Burdens of Proof, Persuasion, Ruling, Supplemental, Exhibit, Appearance, Absence, Counsel, Learned Counsel, Stand-by Counsel, Excusal, Relief, Withdrawal, Filings Inventory, Public Access, Release of Records, Record of Trial, Transcripts, SIPRNET, Use of Technology, Courtroom, Redacted, Notice, Disclosure, Pre-trial, Opening Statement, Remote Testimony, Publishing Exhibits, Evidence, Electronic Imaging, Amicus Curiae, Briefs, Bailiff, Court Security Officer, CSO, Classified Information, Learned Counsel, Voucher, Payment, Convening Authority, 2013

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Military Commissions Trial Judiciary Rules of Court (5 May 2014) 2014Military Commission, Rules of Court, Trial Judiciary, Military Judge, Counsel, Motions, Communications, Classified Information, Conferences, Ex Parte, Amending, Motion, Conference, Certification, Service, Sealed Filing, DoD Review Team, Computation of Time, Format, Timing, Burdens of Proof, Persuasion, Ruling, Supplemental, Exhibit, Appearance, Absence, Counsel, Learned Counsel, Stand-by Counsel, Excusal, Relief, Withdrawal, Filings Inventory, Public Access, Release of Records, Record of Trial, Transcripts, SIPRNET, Use of Technology, Courtroom, Redacted, Notice, Disclosure, Pre-trial, Opening Statement, Remote Testimony, Publishing Exhibits, Evidence, Electronic Imaging, Amicus Curiae, Briefs, Bailiff, Court Security Officer, CSO, Classified Information, Learned Counsel, Voucher, Payment, Convening Authority, 2014

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NIMJ Annotated Guide, Procedures for Trials by Military Commissions of Certain Non United States Citizens in the War Against Terrorism 2002Military Commissions, Procedures, Members, Presiding Officer, Prosecution, Conduct of Trial, Chief Defense Counsel, Counsel, Representation, Pretrial Procedures, Charges, Referral, Plea Agreements, Oaths, Evidence, Witnesses, Production, Protective Order, Voting, Sentence, Post-trial, Record of Trial, Appointing Authority, Final Action, State Secrets, Regulations, Findings, Presidential Order of November 13 2001, Uniform Code of Military Justice, UCMJ, Article 21, Jurisdiction, Article 36, Unlawful Influence, Article 37, Contempts, Article 40, Aiding the Enemy, Spies, Article 104, Article 106, Military Tribunal, Military Commission

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National Insiitute of Military Justice, Military Commissions Instructions Sourcebook, Vol I (2003) 2003Military Commission, Military Commission Instructions, Drafting History, Crimes and Offenses, Offenses, Specifications, MCI, Punitive Regulations, Non-creation of a Right, Comments, National Association of Criminal Defense Lawyers, Define and Punish, Ex Post Facto, Common Law of War, Armed Conflict, Prisoners of War, Inference of Wrongfulness, Statute of Limitations, Title 18, Crimes and Elements, War Crimes, Burden of Proof, Burden of Proof Shifting, Principles of Law, Trial by Military Commission, Combatant Immunity, Uniformed Members, Geneva Conventions, Draft, Uniform Code of Military Justice, UCMJ, Bar Association of the District of Columbia, Law of War, Drafters' Analysis, National Institute of Military Justice, Comment Process, Transparency, Rulemaking, Military Necessity, Lurking, International Law, Mere Membership, Human Rights Watch, Enemy Prisoners of War, Prisoners of War, Taliban, Third Geneva Convention, Unpriviileged Combatants, Combatant Immunity, War on Terror, Nexus, Torture of Prisoners, Inhuman Treatment of Prisoners, Deprivation of Fair Trial, Deprivation of Regular Trial, Unlawful Transfer of Protected Person, Unlawful Deportation of Protected Person, International Criminal Tribunal for Former Yugoslavia, Sexual Slavery, Rape, Forced Pregnancy, Legitimacy, Statute of Limitations, Ex Post Facto, Lawyers Committee for Human Rights, Congressional Authority, Constitution, Independent Judicial Appeal, Protected Information, National Security Information, Classified Information, Exculpating Information, Nullem Crimen Sine Lege, Quirin, Mental Infirmity, Enemy, in the Context of and Associated with Hostilities, Willful, Terrorism, Hijacking, Hazarding, Criminal Enterprises, American Civil Liberties Union, Civil Liberties, Due Process, Military Justice, Presumption of Gulity, Presumption, Torture, Admnistrative Procedures Act, Sources, International Criminal Court, 1999 United States Suggestions to International Criminal Court, ICC, US Proposals to ICC, International Criminal Court, Military Objective, Right to Counsel, Joint Defense Agreements, Statements to the Media, Attorney Client Communications, Attorney Client Privilege, Mandatory Disclosure, Unlawful Influence, Finite Sentence, Good Cause, Excusal, NIMJ, Sourcebook

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National Insiitute of Military Justice, Military Commissions Instructions Sourcebook, Vol II (2004) 2004Military Commission, Military Commission Instructions, Drafting History, Crimes and Offenses, Offenses, Specifications, MCI, National Institute of Miltiary Justice, Sourebook, Rulemaking, Administrative Procedures Act, Comments, International Court of Justice, ICJ, Judicial Authority, Contest Detention, Appeal, Presumption of Innocence, International Covenant on Civil and Political Rights, ICCPR, International Law Obligations, Geneva Conventions, Common Article 3, Fair and Public Hearing, Independent Tribunal, Impartial Tribunal, Equality of Arms, Human Rights Committee, United Nations, Habeas Corpus, Public Trial, Justice Robert Jackson, International Tribunal at Nuremberg, Public Comment, Center for National Security Studies, Full and Fair Trial, Due Process, Quirin, Unanimous Verdict, Classified Information, Classified Evidence, Public Trial, Discovery, Philadephia Bar Association, ABA Task Force, Rules for Courts-martial, Procedures for Courts-martial, Rule of Law, State of Emergency, Norway, American Bar Association, ABA, Notice and Comment Rulemaking, Rumsfeld, DoD News Briefing, New York State Bar, War Crimes, Violations of the Law of War, Separation of Powers, Offenses Against the Laws of Nations, Commander-in-chief, Resident Aliens, Secretary of Defense Rules and Regulations for Trial by Miltiary Commission, Overbreadth, Congressinoal Authorization, Fundamental Fairness, New York Bar Resolution, The Constitution Project, Padilla, Guantanamo Detainees, Uniform Code of Military Justice, UCMJ, Prisoners of War, POWs, Article 5 Tribunals, Article II, Enemy Combatant, Judicial Review, Congressional Joint Resolution, American College of Trial Lawyers, Lack of Judicial Review, International Terrorism, Pretrial Disclosure, Independent Tribunal, Sentencing, Death Penalty, International Criminal Court, ICC, Custodial Interrogation, Habeas, Death Penalty, Guidelines, Furman, International Tribunals, ICTY, Lawyers Committee for Human Rights, Secret Trials, Overbroad Jurisdiction, Ex Post Facto, Human Rights Watch, Gag Order, Right to Counsel of Choice, March 21 2002 Procedures for Trial by Military Commission, National Association of Criminal Defense Attorneys, Ethics Opinion, ABA Task Force, Hicks, Al Qaeda, Judicial Review, NIMJ, Sourcebook

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National Insitute of Military Justice, Military Commission Reporter, Vol 1 (Oct 7, 2006 Jun 1, 2009) 2009Military Commissions, Observers, Court of Miltiary Commission Review, Hamdan, Jurisdiction, Production of Witnesses, Article 5 Determination, Pretrial Advice, Defective Pretrial Advice, Access of Counsel, High Value Detainees, Discovery, Compel, Unlawful Combatant Status, 4th Geneva Convention, Res Judicata, Confinement, Government Agents, Names, Expert Witness, Abatemetnt, Unlawful Influence, Start of Hostilities, Hostilities, Conspiracy, Habeas, Counsel, Access of Counsel, Bill of Particulars, Suppression, Coersive Interrogation, 5th Amendment, Speedy Trial, Indictment, Trial by Jury, Reconsideration, Resentencing, Khadr, Law Enforcement, Sensitive, Intelligence, Status Determination, Bill of Attainder, Ex Parte Proceedings, Protective Order, Classified Information, Compel, Interrogators, Chief Prosecutor, Multiplicity, Subject Matter Jurisdiction, Terrorism, Murder in Violation Fo the Law of War, Child Soldier, Detainee Abuse, SERE, JTF-GTMO, Special Operations Unit, Right to Public Trial, Dismiss, Due Process, Arabic, Self-representation, 6th Amendment, Expert, Mohammed, 9-11, 9/11, The Islamic Response to the Government's Nine Allegations, The Islamic Response, Protective Order, Jawad, Torture, Afghan, Suppress, Al Darbi, Al Nashiri, Ghailani, Uthman Muhammed, Court of Military Commission Review

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National Insitute of Military Justice, Military Commission Reporter, Vol 2 (Jan 2010) 2010Military Commissions, Observers, Court of Miltiary Commission Review, Hamdan, Mohammed, Al Qosi, Kamin, Pro Se Filings, Khadr, Jawad, Darbi, Unlawful Combatant, Discovery, Jurisdiction, Counsel

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National Insitute of Military Justice, Military Commission Reporter, Vol 2 (Jul 2011) 2011Military Commissions, Observers, Court of Miltiary Commission Review, Hamdan, Khalid Sheik Mohammed, 9/11, Qosi, Kamen, Khadr, Jawad, Al Darbi, Al Bahlul, Psychiatric, Discovery, Continuance, Medical Records, Pro Se Filings, Interrogation Techniques, Ramzi Bin Al Shibh, Moot, Witness, CIA Detention Facilities, Mental Capacity, Mental Responsiblity, DoD General Counsel, Amicus Curiae, Audio Recordings, Visual Recordings, Article 5, Status Determinations, Personaf Jurisdiction, Amend Charges, Production, Mental Health Examination, Expert, Expert Consultant, Amend Charges, Suppression, Motions, Disqualify, Recusal

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National Institute of Miltiary Justice, Reports from Guantanamo, Vol 1 (2009) 2009Guantanamo Bay, Guantanamo, Cuba, Joint Task Force, JTF, Observer, Military Commission, Khadr, Kamin, Inequality of Arms, Discovery, Secrecy, Intelligence Community, Ad Hoc System, Competency, Alien Unlawful Enemy Combatant, Violations of Law of War, Confessions, 9/11 Attacks, Self-representation, Qahtani, Qatani, Khadr, Bin Atash, Al Shibh, Statute of Limitations, Al Qaeda, the Nazi Plan, Discovery, Noor Uthman Mohammed, Protective Order, Military Judge

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National Institute of Miltiary Justice, Reports from Guantanamo, Vol 2 (2010) 2010Guantanamo Bay, Guantanamo, Cuba, Joint Task Force, JTF, Observer, Military Commission, Khadr, Kamin, Medical Records, 9-11, 9/11, Unlawful Combatants, Mohammad, Darbi, Military Counsel, Choice of Counsel, Privilege, Voir Dire, Qosi, Discovery, Right to Be Present, Voluntary Absence, Material Support for Terrorism, Conspiracy, Overt Act, Unlawful Enemy Belligerent, Boumedienne

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National Institute of Miltiary Justice, Reports from Guantanamo, Vol 3 (2010) 2010Guantanamo Bay, Guantanamo, Cuba, Joint Task Force, JTF, Observer, Military Commission, Khadr, Kamin, Medical Records, 9-11, 9/11, Unlawful Combatants, Noor Uthman Mohammed, Representation, Conflict of Interest, Article 5 Hearing, Khadr, Lack of Transparency, FBI Interrogator, Right to Presence, Voluntary Waiver, Bagram, Stress Position, Post-traumatic Stress Disorder, Psychological Expert, Qosi, Massoud, Logistical Support, Al Qaeda, Boycott, Lack of Transparency, Self-incrimination, Habeas, Choice of Counsel, Sixth Amendment Rights, Mistreatment, Torture, Voir Dire, Murder in Violation of the Law of War, Witnesses, Testimony, Plea Negotiations, Quirin, Eisentrager, Contempt Power, Jurisdiction

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Opinion Omar Khadr V Prime Minister of Canada, Et Al, Appeals Decision (Aug 14, 2009) 2009Khadr, Canada, Military Commission, Detention, Appeal, Appeal Book, Al Qaeda, Training Camp, Fifteen, Minor, Guantanamo Bay, Lawfulness of Detention, Sleep Deprivation, Frequent Flyer Program, Diplomatic Notes, Charter, International Human Rights Obligations, Habeas Corpus, Repatriation, Right to Life, Right to Liberty, Right to Security, Cruel and Abusive Treatment, Convention Against Torture, Preemptory Norm, Jus Cogens, Customary International Law, Charter of Rights and Freedoms, Canadian Constitution

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Opinion Omar Khadr V Prime Minister of Canada, Et Al, Trial Court Decision (Apr 23, 2009) 2009Khadr, Canada, Military Commission, Canadian Constitution, Repatriation, Guantanamo, Canadian Charter of Rights and Freedoms, Al Qaeda, Minor, Legal Counsel, Law Enforcement, Intelligence, Consular Assistance, Unlawful Combatants, Murder in Violation of the Law of War, Material Support for Terrorism, Consular Access,international Human Rights Obligations, Habeas Corpus, Repatriation, Right to Life, Right to Liberty, Right to Security, Cruel and Abusive Treatment, Convention Against Torture, Preemptory Norm, Judicial Review, Discretion, Principles of Fundamental Justice, Convention on the Rights of the Child, Family, Sleep Deprivation, Child Soldier, Optional Protocol on the Involvement of Children in Armed Conflict, Duty to Protect, Deprivations of Life, Liberty, Security, Evidence

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President's Military Order of November 13, 2001 2001Presidential Order, Detention, Trial, Military Commission, War Against Terror, International Terrorists, Al Qaeda, Attacks, September 11th, Armed Conflict, Military Tribunals, Military Commissions, Detained, Aid, Abet, Conspire, Acts of International Terrorism, Humane Treatment, Secretary of Defense, Full and Fair Trial, Classified Information, Death Penalty, Exclusive Jurisdiction, George W. Bush

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Rescission of Change 1 to 2011 Regulation for Trial by Military Commission (Feb 26, 2015) 2015Rescission, Change 1, Regulation for Trial by Military Commission, Unlawful Influence, Convening Authority, Disqualification, Military Judge, Place of Residence

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Testimony of Prof Stephen A Saltzburg, Before the House Judiciary Committee on Crime, Terrorism, and Homeland Security, Justice for America, Using Military Commissions to Try the 9-11 Conspirators (Apr 5, 2011) 2011Military Commissions, 9/11, Article III Courts, Terrorism, Federal Judges, Life Tenure, Civilian Jury, Fairness, 2009 MCA, 2009 Military Commissions Act, Prosecution, Evidence, Inadmissible, Hamdan, Federal Rules of Evidence, Security, Guantanamo, Jurors, Speedy Trials, Classified Evidence,

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US Court of Military Commission Review (CMCR), Revised Rules of Practice for the Court of Military Commission Review, Administrative Order 08-02 (10 Apr 2008) 2008Court of Military Commission Review, CMCR, Rules of Practice, Jurisdiction, Appellate Review, Panels, Quorum, En Banc, Proceedings, Petition, Filing, Computation, Time, Counsel, Qualifications, Military Counsel, Admission, Motion, Conduct of Counsel, Civilian Counsel, Appearance of Counsel, Withdrawal, Withdrawal of Counsel, Assignments of Error, Error, Briefs, Amicus, Amicus Curiae, Service, Supplemental Briefs, Oral Arguments, Distribution, Orders, Decisions, Reconsideration, Continuances, Extraordinary Writs, Petition for New Trial, Disqualification of Judges, Recording, Photographing, Broadcasting Proceedings, Clerk of Court, Classified Information, Protected Information, Publication, Public Release, Format

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US Court of Military Commission Review (CMCR), Revised Rules of Practice for US Court of Military Commission Review, Administrative Order 16-01 (Feb 3 2016) 2016Court of Military Commission Review, CMCR, Rules of Practice, Jurisdiction, Appellate Review, Panels, Quorum, En Banc, Proceedings, Petition, Filing, Computation, Time, Counsel, Qualifications, Military Counsel, Admission, Motion, Conduct of Counsel, Civilian Counsel, Appearance of Counsel, Withdrawal, Withdrawal of Counsel, Assignments of Error, Error, Briefs, Amicus, Amicus Curiae, Service, Supplemental Briefs, Oral Arguments, Distribution, Orders, Decisions, Reconsideration, Continuances, Extraordinary Writs, Petition for New Trial, Disqualification of Judges, Recording, Photographing, Broadcasting Proceedings, Clerk of Court, Classified Information, Protected Information, Publication, Public Release, Format