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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 2019 Edition of the Manual for Military Commissions (MMC) amends previous editions of the MMC. The MMC is published in accordance with 10 U.S.C. § 949a and includes pre-trial, trial, and post-trial procedures, and rules of evidence applicable in cases triable by military commission under the MCA 2009. The 2019 Edition of the MMC contains revisions to clarify the authority to excuse counsel for an accused after the formation of an attorney-client relationship.

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 Change 1 was rescinded effective February 26, 2015.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.

Historical Documents, 2001-2013

The Manual for Military Commissions (2012) was promulgated by the U.S. Secretary of Defense under the MCA. It contains rules of procedure and evidence applicable to trials by military commission. The 2012 Manual replaced the 2010 Manual.

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 May 5, 2014, which were an update from rules 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. 3
Special Administrative Measures for Certain Communications Subject to Monitoring [superseded by MCO No. 3, September 21, 2005] 2/5/2004

MCO No. 4
Designation of Deputy Appointing Authority 1/30/2004

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