Military Commissions Seal
Military Commissions Documents
A host of instructions, orders and memoranda helped establish a framework and defined measures for how military commissions have operated in the United States. Today, military commissions procedures are also governed by laws, rules and regulations issued by the U.S. Congress and the Secretary of Defense.
Present-day military commissions operate in accordance with documents that include the following: those detailing who may be tried by military commission and for what crimes; basic protections to which an accused is entitled; rules of procedure and evidence applicable to trials by military commission; and instructions for attorneys practicing before military commissions and the U.S. Court of Military Commission Review (USCMCR).
Current Documents

Today’s Military Commissions operate in accordance with the following documents.

The 2012 Edition of the Manual for Military Commissions (MMC) has been revised in accordance with amendments made to Chapter 47A of title 10, United States Code by Sections 1031 and 1037 of the National Defense Authorization Act for FY 2014. The revised edition also includes an amendment to the Military Commission Rules of Evidence (M.C.R.E.) with the inclusion of M.C.R.E. 506A – Privilege for ICRC Communications in the Possession of the Government. The effective date of the 2016 Edition of the MMC is March 31, 2017.
The Military Commissions Trial Judiciary Rules of Court dated September 1, 2016, contains instructions for lawyers and accused practicing before military commissions. The Military Judge signed Change 1 dated March 2, 2017. The Military Judge signed Change 2 dated December 21, 2017.
The Military Commissions Act of 2009, (the MCA) is the law passed by Congress and signed by President Barack Obama on October 28, 2009, that authorizes the President of the United States to establish military commissions. It defines who may be tried by military commission and for what crimes. It lays out the basic rights an accused is entitled to and outlines procedures for conducting commissions. The 2009 MCA replaced the Military Commissions Act of 2006.
The Regulation for Trial by Military Commission (2011) is promulgated by the U.S. Secretary of Defense. It identifies policies and procedures for operating military commissions, including the operations of the United States Court of Military Commission Review. Change 1 revised Chapter 6-2 of the Regulation. It was effective January 7, 2015. Change 1 was rescinded effective February 26, 2015. Chapter 9 of the Regulation was amended in 2016.
The United States Court of Military Commission Review (USCMCR) Revised Rules of Practice contains instructions for lawyers practicing before the USCMCR.