	Appendix A

Military Order of November 13, 2001. Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism 
By the authority vested in me as President and as Commander in Chief of the Armed Forces of theUnited States by the Constitution and the laws of the United States of America, including theAuthorization for Use of Military Force Joint Resolution (Public Law 107-40, 115 Stat. Findings. (a) International terrorists, including members of al Qaida, have carried out attacks on United Statesdiplomatic and military personnel and facilities abroad and on citizens and property within theUnited States on a scale that has created a state of armed conflict that requires the use of the UnitedStates Armed Forces. (e) To protect the United States and its citizens, and for the effective conduct of military operationsand prevention of terrorist attacks, it is necessary for individuals subject to this order pursuant tosection 2 hereof to be detained, and, when tried, to be tried for violations of the laws of war and otherapplicable laws by military tribunals. GEORGE W. BUSH 
THE WHITE HOUSE, 
November 13, 2001. DENYING CERTAIN ENEMIES ACCESS TO THE COURTS OF THE UNITED STATES
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
WHEREAS the safety of the United States demands that all enemies who have entered uponthe territory of the United States as part of an invasion or predatory incursion, or who haveentered in order to commit sabotage, espionage or other hostile or warlike acts, should bepromptly tried in accordance with the law of war;
NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States ofAmerica and Commander in Chief of the Army and Navy of the United States, by virtue of theauthority vested in me by the Constitution and the statutes of the United States, do herebyproclaim that all persons who are subjects, citizens or residents of any nation at war with theUnited States or who give obedience to or act under the direction of any such nation, and whoduring time of war enter or attempt to enter the United States or any territory or possessionthereof, through coastal or boundary defenses, and are charged with committing or attempting orpreparing to commit sabotage, espionage, hostile or warlike acts, or violations of the law of war,shall be subject to the law of war and to the jurisdiction of military tribunals; and that suchpersons shall not be privileged to seek any remedy or maintain any proceeding directly orindirectly, or to have any such remedy or proceeding sought on their behalf, in the courts of theUnited States, or of its states, territories, and possessions, except under such regulations as theAttorney General, with the approval of the Secretary of War, may from time to time prescribe. Military Order of January 11, 1945. 1509), it is ordered as follows:
1.
On November 13, 2001, President Bush signed a Military Order pertaining to the detention,treatment, and trial of certain non-citizens as part of the war against terrorism. The order makesclear that the President views the crisis that began on the morning of September 11 as an attack "ona scale that has created a state of armed conflict that requires the use of the United States ArmedForces." The order finds that the effective conduct of military operations and prevention of militaryattacks make it necessary to detain certain non-citizens and if necessary, to try them "for violationsof the laws of war and other applicable laws by military tribunals."
The unprecedented nature of the September attacks and the magnitude of damage and lossof life they caused have led a number of officials and commentators to assert that the acts are not justcriminal acts, they are "acts of war." The President's Military Order makes it apparent that he plansto treat the attacks as acts of war rather than criminal acts. The distinction may have more thanrhetorical significance. Treating the attacks as violations of the international law of war could allowthe United States to prosecute those responsible as war criminals, trying them by special militarycommission rather than in federal court.
The purpose of this report is to identify some of the legal and practical implications oftreating the terrorist acts as war crimes and of applying the law of war rather than criminal statutesto prosecute the alleged perpetrators. The report will first present an outline of the sources andprinciples of the law of war, including a discussion of whether and how it might apply to the currentterrorist crisis. A brief explanation of the background issues and arguments surrounding the use ofmilitary commissions will follow. The report will then explore the legal bases and implications ofapplying the law of war under United States law, summarize precedent for its application by militarycommissions, and provide an analysis of the President's Military Order of November 13, 2001. Finally, the report discusses considerations for establishing rules of procedure and evidence thatcomport with international standards.