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Military Commission

The attacks on the World Trade Center and the Pentagon on September 11, 2001 had a profound impact on the United States. Shortly after the attacks Congress passed a joint resolution authorizing the use of military force to prevent and to deter future attacks. Congress subsequently passed the USA PATRIOT ACT in a further attempt to combat terrorism.

On November 13, 2001, President Bush, in his capacity as Commander in Chief, signed a Military Order (sometimes mistakenly referred to as an Executive Order) on the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism ("PMO").

On March 21, 2002, an implementing regulation was issued by the Secretary of Defense. The promulgation of the regulation by-passed the notice-and-comment rulemaking procedure that had been used by the Department of Defense since 1980. The regulation was titled Procedure for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism ("PTMC"). It was later referred to as Military Commission Order No. 1. Since then there have been several additional military commission orders issued as well as military commission instructions.

1. Trials By Military Commissions:

Presidential Military Order of November 13, 2001: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism


2. Military Commission Orders:

Military Commission Order No. 1- Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism

Military Commission Order No. 2- Designation of Deputy Secretary of Defense as Appointing Authority (REVOKED)

Military Commission Order No. 3- Special Administrative Measures for Certain Communications Subject to Monitoring

Military Commission Order No. 4- Designation of Deputy Appointing Authority (REVOKED)

Military Commission Order No. 5- Designation of Appointing Authority

Military Commission Order No. 6- Revocation of Military Commission Order No-4



3. Military Commission Instructions:

Military Commission Instruction No. 1- Military Commission Instructions

Military Commission Instruction No. 2- Crimes and Elements for Trial by Military Commission

Military Commission Instruction No. 3- Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors

Military Commission Instruction No. 4- Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel

Military Commission Instruction No. 5- Qualification of Civilian Defense Counsel

Military Commission Instruction No. 6- Reporting Relationships for Military Commission Personnel

Military Commission Instruction No. 7- Sentencing

Military Commission Instruction No. 8- Administrative Procedures

Military Commission Instruction No. 9- Review of Military Commission Proceedings


4. Department of Defense Directive:

5105.70: Appointing Authority for Military Commissions