2010 Manual for Military Commissions

[Jedburgh]

Manual for Military Commissions, 27 April 2010

The 2010 Edition of the Manual for Military Commissions (M.M.C.) is hereby published, with immediate effect, in implementation of Chapter 47A of title 10, United States Code, as amended by the Military Commissions Act of 2009 (Title XVIII of Public Law 111-84), 10 U.S.C. 948a, et seq. The M.M.C. consists of four parts: I, Preamble; II, Rules for Military Commissions (R.M.C.); III, Military Commissions Rules of Evidence (Mil. Comm. R. Evid.); and IV, Crimes and Elements.

Pursuant to 10 U.S.C. 949a, the M.M.C. is adapted to the Manual for Courts-Martial. This manual applies the procedures and rules of evidence applicable in trials by general courts-martial of the United States except as otherwise provided by Chapter 47 or Chapter 47A of title 10, United States Code, or where required by the unique circumstances of the conduct of military and intelligence operations during hostilities or by other practical need, consistent with Chapter 47A of title 10, United States Code.

[jmm99]

Thanks for posting the link to new manual. I should do a review of it - I've skimmed it, but have been more interested in other stuff. It does have at least one error (kind of funny).

From the Table of Contents

Rule 202. Persons subject to the jurisdiction of the military commissions . . II-15
(a) In general . . II-15
(b) Determination of unlawful enemy combatant status by Combatant Status Review Tribunal or other competent tribunal dispositive . . II-15
(c) Procedure . . II-15

and in the actual rule:

Rule 202. Persons subject to the jurisdiction of the military commissions

(a) In general. Any alien unprivileged enemy belligerent is subject to trial by military commission under chapter 47A of title 10, United States Code.

(b) Privileged belligerents. Military commissions under chapter 47A of title 10, United States Code, shall not have jurisdiction over privileged belligerents.

(c) Competent Tribunal. A military commission is a competent tribunal to make a finding sufficient for jurisdiction.

The old CRST process is a dead duck - and has been for a couple of years.

Regards

Mike