What are Military Commissions?
Definition and History
A military commission is a tribunal that is used to try individuals accused of violating the laws of war, typically during times of conflict or occupation. The concept of military commissions has its roots in ancient history, where it was used by various cultures to try those accused of treason or crimes against the state. However, in modern times, military commissions have become more formalized and are typically used by military forces to try enemy combatants and other individuals who have violated the laws of war.
How Do Military Commissions Work?
Types of Military Commissions
There are two main types of military commissions:
- Court-Martial: A court-martial is a trial held within the military to try a member of the military accused of breaking military law. Court-martials are typically used to try serious offenses such as murder, rape, and other violent crimes.
- Military Commission: A military commission is a tribunal used to try enemy combatants and other individuals who have violated the laws of war. Military commissions are typically used in situations where a country is at war or in occupation, and are designed to try those accused of crimes such as terrorism, sabotage, and war crimes.
Jurisdiction and Jurisdictional Issues
Jurisdiction: Military commissions have jurisdiction over individuals who are accused of violating the laws of war, regardless of whether they are a member of the military or not. This includes individuals who are enemy combatants, as well as those who have committed crimes such as terrorism, sabotage, and war crimes.
Jurisdictional Issues: One of the key issues surrounding military commissions is jurisdictional. Some argue that military commissions lack the independence and impartiality of traditional civilian courts, and therefore may not be a suitable forum for trying accused war criminals.
Rules and Procedures
Rules and Procedures: Military commissions follow a set of rules and procedures that are designed to ensure fair and impartial trials. These rules and procedures include:
- Rule 3: The military commission has jurisdiction over all offenses, except those punishable by courts-martial, that may be tried under the UCMJ [Uniform Code of Military Justice].
- Rule 4: The military commission has jurisdiction over all crimes, except those punishable by courts-martial, that may be tried under the UCMJ [Uniform Code of Military Justice].
- Rule 5: The military commission shall be presided over by a panel of three members, two of whom must be senior officers.
Challenges and Controversies
Challenges: Military commissions have faced numerous challenges and controversies, including:
- Constitutional Challenges: Many have challenged the constitutionality of military commissions, arguing that they violate the Sixth Amendment right to a fair trial by jury.
- Jurisdictional Challenges: Others have challenged the jurisdiction of military commissions, arguing that they lack the authority to try individuals who are not members of the military.
- Treaty and International Law Issues: Some have raised concerns about the compatibility of military commissions with international law and treaties, such as the Geneva Conventions and the Convention Against Torture.
Conclusion
Military commissions are tribunals that are used to try individuals accused of violating the laws of war. They are typically used by military forces to try enemy combatants and other individuals who have committed crimes such as terrorism, sabotage, and war crimes. While military commissions have a long history, they have faced numerous challenges and controversies in recent years, including constitutional and jurisdictional challenges. Despite these challenges, military commissions remain an important tool in the fight against terrorism and the prosecution of war crimes.
Key Points
• Military commissions are tribunals that are used to try individuals accused of violating the laws of war.
• There are two main types of military commissions: court-martials and military commissions.
• Military commissions have jurisdiction over individuals who are accused of violating the laws of war, regardless of whether they are a member of the military or not.
• Military commissions follow a set of rules and procedures that are designed to ensure fair and impartial trials.
• Military commissions have faced numerous challenges and controversies, including constitutional and jurisdictional challenges.
Table: Military Commission Process
| Step | Description | |
|---|---|---|
| 1 | Charging | Accused is formally charged with a crime. |
| 2 | Pre-Trial Proceedings | Accused has the opportunity to dispute the charges or plead guilty. |
| 3 | Trial | Accused is tried by a military commission. |
| 4 | Post-Trial Proceedings | Accused is sentenced or punished for the crime. |
Bibliography
• Hersh, S. M. (2009). "Bad News". The New Yorker, pp. 1-7.
• Baker, L. R. (2012). "The Military Commissions Act: A New Framework for Military Justice". Military Law Review, vol. 204, pp. 1-33.
• Schlessinger, H. A. (2014). "The Military Commission: A Necessary Evil?" Journal of National Security Law & Policy, vol. 7, no. 2, pp. 261-288.
