Military Commissions Act

Definition

The Military Commissions Act is a United States federal law that was enacted in 2006 to establish procedures for the trial of enemy combatants by military commissions. This law aimed to create a legal framework for prosecuting individuals designated as unlawful enemy combatants, bypassing some of the traditional legal protections afforded under civilian court systems. It reflects the ongoing tension between national security concerns and the principles of due process.

5 Must Know Facts For Your Next Test

1. The Military Commissions Act was passed in response to the Supreme Court's decision in Hamdan v. Rumsfeld, which ruled that military commissions established by the Bush administration were illegal under U.S. law and international treaties.
2. The Act allows for trials of enemy combatants without full adherence to traditional civilian legal standards, such as the exclusion of hearsay evidence and certain rights to appeal.
3. It defines an unlawful enemy combatant as someone who engages in hostilities against the U.S. or its allies without being part of a regular army or without following the laws of war.
4. The law has been controversial, facing criticism from human rights organizations and legal experts for potentially violating due process rights and international law.
5. Subsequent amendments and revisions have been made to the Military Commissions Act, particularly regarding the treatment of evidence and procedures in trials to ensure compliance with legal standards.

Review Questions

• How does the Military Commissions Act differentiate between enemy combatants and lawful combatants, and what implications does this distinction have for legal proceedings?
  • The Military Commissions Act defines enemy combatants as individuals engaged in hostilities against the United States who do not qualify for lawful combatant status. This distinction is crucial because it determines the legal rights and protections afforded to these individuals during trials. Lawful combatants are protected under the Geneva Conventions, while enemy combatants may face military commissions with limited rights, potentially undermining principles of due process in their trials.
• Discuss the criticisms surrounding the Military Commissions Act in relation to due process and human rights standards.
  • Critics argue that the Military Commissions Act undermines fundamental due process rights by allowing for military trials that may not meet conventional standards of fairness. The Act permits certain types of evidence, like hearsay, that would typically be inadmissible in civilian courts. Human rights advocates express concern that these provisions can lead to unjust outcomes and violate both U.S. constitutional protections and international human rights standards, highlighting an ongoing debate between national security and civil liberties.
• Evaluate the impact of the Military Commissions Act on U.S. foreign relations and international law regarding wartime conduct.
  • The Military Commissions Act has significant implications for U.S. foreign relations and international law, particularly concerning how the U.S. is perceived regarding its commitment to human rights. By establishing a system that allows for trials with reduced legal protections for detainees, critics argue it damages America's moral authority on human rights issues globally. This can lead to strained relations with allies who expect adherence to international legal standards, complicating diplomatic efforts and raising questions about the legitimacy of U.S. actions in counterterrorism operations.

Related terms

Enemy Combatants: Individuals who are engaged in hostilities against the United States or its allies, often without lawful combatant status, making them subject to military detention and trial.

Due Process:

A constitutional principle that guarantees fair treatment through the normal judicial system, especially as a citizen's entitlement in legal proceedings.

Guantanamo Bay Detention Camp: A U.S. military prison located within Guantanamo Bay Naval Base, where many detainees labeled as enemy combatants are held and tried under military commissions.