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10 U.S.C. § 948d — Jurisdiction of military commissions
Federal law — U.S. Code and appendices · legal_authorities
A military commission under this chapter shall have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter, sections 904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military Justice), or the law of war, whether such offense was committed before, on, or after September 11, 2001, and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized under this chapter. A military commission is a competent tribunal to make a finding sufficient for jurisdiction.
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Source location: Title 10, Chapter 47A, § 948d; chapter-47a-military-commissions.md
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A military commission under this chapter shall have jurisdiction to try persons subject to this chapter for any offense made punishable by this chapter, sections 904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military Justice), or the law of war, whether such offense was committed before, on, or after September 11, 2001, and may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically authorized under this chapter. A military commission is a competent tribunal to make a finding sufficient for jurisdiction.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Alien.—** — The term “alien” means an individual who is not a citizen of the United States.
(2) **Classified information.—** — The term “classified information” means the following:
(A) Any information or material that has been determined by the United States Government pursuant to statute, Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security.
(B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 ([42 U.S.C. 2014(y)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/y&num=0&edition=prelim)).
(3) **Coalition partner.—** — The term “coalition partner”, with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities.
(4) **Geneva convention relative to the treatment of prisoners of war.—** — The term “Geneva Convention Relative to the Treatment of Prisoners of War” means the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
(5) **Geneva conventions.—** — The term “Geneva Conventions” means the international conventions signed at Geneva on August 12, 1949.
(6) **Privileged belligerent.—** — The term “privileged belligerent” means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War.
(7) **Unprivileged enemy belligerent.—** — The term “unprivileged enemy belligerent” means an individual (other than a privileged belligerent) who—
(A) has engaged in hostilities agai
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Federal law — U.S. Code and appendices · legal_authorities
Page 853
TITLE 10—ARMED FORCES
§ 948d
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 ap-
plication of chapter 47 of this title, while in-
structive, is therefore not of its own force bind-
ing 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 re-
lating 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-incrimi-
nation.
(C) Section 832 (article 32 of the Uniform
Code of Military Justice), relating to prelimi-
nary hearing.
(2) Other provisions of chapter 47 of this title
shall apply to trial by military commission
under this chapter only to the extent provided
by the terms of such provisions or by this chap-
ter.
(e) GENEVA
CONVENTIONS
NOT
ESTABLISHING
PRIVATE
RIGHT
OF
ACTION.—No
alien
unprivileged enemy belligerent subject to trial
by military commission under this chapter may
invoke the Geneva Conventions as a basis for a
private right of action.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802,
Oct. 28, 2009, 123 Stat. 2575; amended Pub. L.
113–66, div. A, title XVII, § 1702(c)(3)(E), Dec. 26,
2013, 127 Stat. 958.)
Editorial Notes
PRIOR PROVISIONS
A prior section 948b, added Pub. L. 109–366, § 3(a)(1),
Oct. 17, 2006, 120 Stat. 2602, related to military commis-
sions generally, prior to the general amendm
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