Military Commissions Seal
Historical Documents, 2001-2013
The Military Commissions Act of 2006 is the law passed by Congress and signed by President George W. Bush on October 17, 2006, that authorized the President of the United States to establish military commissions. It defined who may be tried by military commission and for what crimes. It laid out basic protections an accused is entitled to and procedures for conducting commissions. The Military Commissions Act of 2009 replaced the MCA of 2006.
The Military Commissions Trial Judiciary Rules of Court dated April 24, 2013, (amended June 4, 2013) contains instructions for lawyers and accused practicing before military commissions. Additionally on August 29, 2013, the Trial Judiciary made an announcement regarding rule changes and new policies regarding the April 24, 2014 Rules of Court. The first Military Commissions Trial Judiciary Rules of Court were released on November 2, 2007.
The Regulation for Trial by Military Commission (2007) 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.
The Manual for Military Commissions (2007) was promulgated by the U.S. Secretary of Defense under the MCA. It contained rules of procedure and evidence applicable to trials by military commission. The 2010 Manual replaced the 2007 Manual.
Military Order of November 13, 2001, issued by President George W. Bush, established military commissions for trial of certain individuals in connection with the hostilities between the United States and individuals or organizations connected with the terrorist attacks on the United States on September 11, 2001.
 
Military Commission Orders (MCOs), issued between March 2002 and September 2005 by the Secretary of Defense or the Deputy Secretary of Defense, established a framework and procedures for military commissions.
MCO No. 1
Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism [superseded by MCO No. 1 of August 31, 2005] 3/21/2002
MCO No. 2
Designation of Deputy Secretary of Defense as Appointing Authority [revoked by MCO No. 5] 6/21/2003
MCO No. 4
Designation of Deputy Appointing Authority 1/30/2004
MCO No. 3
Special Administrative Measures for Certain Communications Subject to Monitoring [superseded by MCO No. 3, September 21, 2005] 2/5/2004
MCO No. 5
Designation of Appointing Authority [revokes MCO No. 2] 3/15/2004
MCO No. 1 (1st Rev.)
Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism 8/31/2005
MCO No. 3 (1st Rev.)
Special Administrative Measures for Certain Communications Subject to Monitoring [supersedes MCO No. 3 of September 21, 2005] 9/21/2005

Department of Defense Directive 5105.70, issued February 10, 2004, established position of the Appointing Authority for Military Commissions.
 
Military Commission Instructions (MCIs), issued between April 2003 and March 2006, established procedures for military commissions.
MCI No. 1
Establishes policies for the issuance and interpretation of further military commission instructions. 4/30/2003
MCI No. 2
Crimes and Elements for Trials by Military Commission 4/30/2003
MCI No. 5
Annex B--Affidavit and Agreement by Civilian Defense Counsel 4/30/2003
MCI No. 8
Administrative Procedures 4/30/2003
MCI No. 9
Review of Military Commission Proceedings 12/26/2003
MCI No. 3
Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors 4/15/2004
MCI No. 6
Reporting Relationships for Military Commission Personnel 4/15/2004
MCI No. 4
Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel 4/15/2004
MCI No. 8 (1st Rev.)
Administrative Procedures (supersedes MCI No. 8 of April 2003) 8/31/2004
MCI No. 3 (1st Rev.)
Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors 7/15/2005
MCI No. 4 (1st Rev.)
Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel 7/15/2005
MCI No. 4 (2d Rev.)
Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel 9/16/2005
MCI No. 8 (2d Rev.)
Administrative Procedures (supersedes MCI No. 8 of August 2004) 9/16/2005
MCI No. 9 (1st Rev.)
Review of Military Commission Proceedings (Rescinds MCI No. 9 of December 2003) 10/11/2005
MCI No. 10
Certain Evidentiary Determinations (prohibiting use of evidence obtained by torture) 3/24/2006
 
Appointing Authority Regulations (AA Reg), issued between August and November 2004, established procedures for Appointing Authority activities.
AA Reg. No. 1
Disclosure of Communications 8/20/2004
AA Reg. No. 2
Motion and Interlocutory Question Procedures 11/17/2004
AA Reg. No. 3
Professional Responsibility 11/17/2004
 
Presiding Officers Memoranda (POMs), issued between July 2004 and October 2005, established additional procedures for military commissions.
POM No. 1
Presiding Officers Memoranda (rescinded by POM No. 1-1, Aug 12, 2004) 7/19/2004
POM No. 2
Appointment and Role of the Assistant to the Presiding Officers 9/16/2004
POM No. 3
Communications, Contact, and Problem Solving 7/19/2004
POM No. 4
Motions Practice 7/22/2004
POM No. 5
Spectators to Military Commissions 8/2/2004
POM No. 1-1
Presiding Officers Memoranda 8/12/2004
POM No. 4-1
Motions Practice 8/12/2004
POM No. 6
Requesting Conclusive Notice to be Taken 8/12/2004
POM No. 7
Access to Evidence and Notice Provisions 8/12/2004
POM No. 8
Trial Exhibits 8/12/2004
POM No. 6-1
Requesting Conclusive Notice to be Taken 8/31/2004
POM No. 2-1
Appointment and Role of the Assistant to the Presiding Officers 9/16/2004
POM No. 9
Obtaining Protective Orders and Requests for Limited Disclosure 10/4/2004
POM No. 10
Witness Requests, Requests to Depose a Witness, and Alternatives to Live Testimony 10/4/2004
POM No. 4-2
Motions Practice 10/7/2004
POM No. 13
Records of Trial and Session Transcripts 11/22/2004
POM No. 14
Commissions Library 8/5/2005
POM No. 10-1
Witness Requests, Requests to Depose a Witness, and Alternatives to Live Testimony 9/20/2005

POM No. 12
Filings Inventory 10/24/2005