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_2005Aug04

美国|英语

来源: UNT Digital Library

【 摘 要 】

This report provides a background and analysis comparing military commissions as envisioned under M.C.O. (Military Commission Order) No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President's M.O., and explains how those concerns are addressed by the military commission orders and instructions. A summary of the Hamdan case follows, as well as an overview of relevant legislation. Finally, the report provides two charts to compare the regulations issued by the Department of Defenseto standard procedures for general courts-martial under the Manual for Courts-Martial and to proposed legislation.