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10 U.S.C. § 948b — Military commissions generally

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 948b — Military commissions generally

**(a) Purpose.—** This chapter establishes procedures governing the use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission. **(b) Authority for Military Commissions Under This Chapter.—** The President is authorized to establish military commissions under this chapter for offenses triable by military commission as provided in this chapter. **(c) Construction of Provisions.—** The procedures for military commissions set forth in this chapter are based upon the procedures for trial by general courts-martial under chapter 47 of this title (the Uniform Code of Military Justice). Chapter 47 of this title does not, by its terms, apply to trial by military commission except as specifically provided therein or in this chapter, and many of the provisions of chapter 47 of this title are by their terms inapplicable to military commissions. The judicial construction and application of chapter 47 of this title, while instructive, is therefore not of its own force binding on military commissions established under this chapter. **(d) Inapplicability of Certain Provisions.—** (1) The following provisions of this title shall not apply to trial by military commission under this chapter: (A) Section 810 (article 10 of the Uniform Code of Military Justice), relating to speedy trial, including any rule of courts-martial relating to speedy trial. (B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination. (C) Section 832 (article 32 of the Uniform Code of Military Justice), relating to preliminary hearing. (2) Other provisions of chapter 47 of this title shall apply to trial by military comm

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Source file: Laws/federal/codes/united-states-code/title-10/section-948b-military-commissions-generally--84c403d81c.md
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Source location: Title 10, Chapter 47A, § 948b; chapter-47a-military-commissions.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 802 — Art. 2. Persons subject to this chapter

**(a)** The following persons are subject to this chapter: (1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it. (2) Cadets, aviation cadets, and midshipmen. (3) (A) While on inactive-duty training and during any of the periods specified in subparagraph (B)— (i) members of a reserve component or the Space Force; and (ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service. (B) The periods referred to in subparagraph (A) are the following: (i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations. (ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations. (iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations. (4) Retired members of a regular component of the armed forces who are entitled to pay. (5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 948b — Military commissions generally

Page 852 TITLE 10—ARMED FORCES § 948b ‘‘(a) PRIOR CONVICTIONS.—The amendment made by section 1802 [generally amending this chapter] shall have no effect on the validity of any conviction pursu- ant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enactment of this Act [Oct. 28, 2009]). ‘‘(b) COMPOSITION OF MILITARY COMMISSIONS.—Not- withstanding the amendment made by section 1802— ‘‘(1) any commission convened pursuant to chapter 47A of title 10, United States Code (as such chapter was in effect on the day before the date of the enact- ment of this Act), shall be deemed to have been con- vened pursuant to chapter 47A of title 10, United States Code (as amended by section 1802); ‘‘(2) any member of the Armed Forces detailed to serve on a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code (as so amended); ‘‘(3) any military judge detailed to a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the en- actment of this Act), shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code (as so amended); ‘‘(4) any trial counsel or defense counsel detailed for a commission pursuant to chapter 47A of title 10, United States Code (as in effect on the day before the date of the enactment of this Act), shall be deemed to have been detailed pursuant to chapter 47A of title 10, United States Code (as so amended); ‘‘(5) any court reporters detailed to or employed by a commission pursuant to chapter 47A of title 10, United St

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