The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Elsea, Jennifer

Library of Congress. Congressional Research Service.

关键词: Criminal justice;    Defense policy;    Law;    International affairs;    Courts-martial and courts of inquiry - U.S.;   

RP-ID  :  RL31600
RP-ID  :  RL31600_2004Mar10

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report provides a background and analysis comparing military commissions as envisioned under Military Commission Order (M.C.O.) No. 1 and general military courts-martial conducted under the Uniform Code of Military Justice (UCMJ). The report notes some of the criticism directed at the President's Military Order (M.O.), and explains how those concerns are addressed by the military commission orders and instructions. The report concludes by summarizing legislation introduced to authorize and regulate military tribunals to try suspected Al Qaeda and Taliban members, and provides two charts to compare the proposed military tribunals under proposed legislation, the regulations issued by the Department of Defense, and standard procedures for general courts-martial under the Manual for Courts-Martial.