	Introduction

Shortly after combat operations began pursuant to the congressional authorization to use military force in response to the terrorist attacks of September 11, 2001, President Bush issued a Military Order (M.O.) authorizing trial by military commission of non-citizens suspected of terrorist acts or associations who were to be designated as subject to the M.O. The Supreme Court, in Hamdan v. Rumsfeld , invalidated the military commission system established by presidential order, holding that although Congress had in general authorized the use of military commissions, such commissions were required to follow procedural rules as similar as possible to courts-martial proceedings, as required by the Uniform Code of Military Justice (UCMJ). The Department of Defense issued regulations for the conduct of military commissions pursuant to the MCA. President Obama's Detention Policy Task Force issued a preliminary report July 20, 2009, reaffirming that the White House considers military commissions to be an appropriate forum for trying some cases involving suspected violations of the laws of the war, although federal criminal court would be the preferred forum for trials of detainees. Appended to the report was a set of criteria to govern the disposition of cases involving Guantanamo detainees. The Court of Military Commission Review (CMCR) reversed. The MCA, 10 U.S.C. Review and Appeal

The MCA codified the establishment of the review body set up under the previous DOD rules for military commissions. (This change codifies an amendment to the Manual for Military Commission already made under the Obama Administration). The following charts provide a comparison of the military tribunals under the regulations issued by the Department of Defense, standard procedures for general courts-martial under the Manual for Courts-Martial, and military tribunals as authorized by the Military Commissions Act of 2006. Chart 2, which compares procedural safeguards incorporated in the MCA to court-martial procedures and to proposed amendments, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts , by [author name scrubbed], in order to facilitate comparison of the proposed legislation to safeguards provided in federal court, the international military tribunals that tried World War II crimes at Nuremberg and Tokyo, and contemporary ad hoc tribunals set up by the UN Security Council to try crimes associated with hostilities in the former Yugoslavia and Rwanda. For a comparison with previous rules established under President Bush's Military Order, refer to CRS Report RL33688, The Military Commissions Act of 2006: Analysis of Procedural Rules and Comparison with Previous DOD Rules and the Uniform Code of Military Justice , by [author name scrubbed].
On November 13, 2001, President Bush issued a Military Order (M.O.) authorizing trial by military commission of certain non-citizens suspected of participating in the war against terrorism. The Supreme Court struck down military commissions established pursuant to the M.O. as inconsistent with the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. The Department of Defense (DOD) published regulations to govern military commissions pursuant to the MCA. Three prosecutions under those regulations resulted in convictions.
Shortly after taking office, President Obama took action to suspend the operation of military commissions pending a review of all Guantanamo detentions for the purpose of assessing options for the lawful disposition of each detainee. The Detention Policy Task Force set up to conduct the review issued a preliminary report announcing that while federal criminal court would be the preferred forum for trying enemy terrorists who are suspected of having violated U.S. criminal law, military commissions, with significant reforms, would remain an option for prosecuting violations of the law of war.
This report provides a background and analysis of military commissions rules under the MCA. After reviewing the history of the implementation of military commissions in the "global war on terrorism," the report provides an overview of the procedural safeguards provided in the MCA. The report identifies pending legislation, including Senate-passed S. 1390, and describes proposals suggested by the Obama Administration. Finally, the report provides two charts comparing the MCA with proposed legislation. The first chart describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart, which compares procedural safeguards under the MCA with those established for courts-martial as well as proposed amendments to the MCA, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, to facilitate comparison with safeguards provided in federal court and international criminal tribunals. For similar charts comparing military commissions as envisioned under the MCA to the rules that had been established by DOD for military commissions and to general military courts-martial conducted under the UCMJ, see CRS Report RL33688, The Military Commissions Act of 2006: Analysis of Procedural Rules and Comparison with Previous DOD Rules and the Uniform Code of Military Justice, by [author name scrubbed].