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 K.

Library of Congress. Congressional Research Service.

关键词: Criminal justice;    War crime trials - U.S.;    Courts-martial and courts of inquiry - U.S.;    International affairs;    Law;   

RP-ID  :  RL31600
RP-ID  :  RL31600 2006-09-25

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. 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. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.