Page:United States Statutes at Large Volume 120.djvu/2634

 PUBLIC LAW 109–366—OCT. 17, 2006

120 STAT. 2603

‘‘§ 948d. Jurisdiction of military commissions ‘‘(a) JURISDICTION.—A military commission under this chapter shall have jurisdiction to try any offense made punishable by this chapter or the law of war when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001. ‘‘(b) LAWFUL ENEMY COMBATANTS.—Military commissions under this chapter shall not have jurisdiction over lawful enemy combatants. Lawful enemy combatants who violate the law of war are subject to chapter 47 of this title. Courts-martial established under that chapter shall have jurisdiction to try a lawful enemy combatant for any offense made punishable under this chapter. ‘‘(c) DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS DISPOSITIVE.—A finding, whether before, on, or after the date of the enactment of the Military Commissions Act of 2006, by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense that a person is an unlawful enemy combatant is dispositive for purposes of jurisdiction for trial by military commission under this chapter. ‘‘(d) PUNISHMENTS.—A military commission under this chapter may, under such limitations as the Secretary of Defense may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when authorized under this chapter or the law of war. ‘‘§ 948e. Annual report to congressional committees ‘‘(a) ANNUAL REPORT REQUIRED.—Not later than December 31 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on any trials conducted by military commissions under this chapter during such year. ‘‘(b) FORM.—Each report under this section shall be submitted in unclassified form, but may include a classified annex. ‘‘SUBCHAPTER II—COMPOSITION OF MILITARY COMMISSIONS ‘‘Sec. ‘‘948h. Who may convene military commissions. ‘‘948i. Who may serve on military commissions. ‘‘948j. Military judge of a military commission. ‘‘948k. Detail of trial counsel and defense counsel. ‘‘948l. Detail or employment of reporters and interpreters. ‘‘948m. Number of members; excuse of members; absent and additional members.

‘‘§ 948h. Who may convene military commissions ‘‘Military commissions under this chapter may be convened by the Secretary of Defense or by any officer or official of the United States designated by the Secretary for that purpose. ‘‘§ 948i. Who may serve on military commissions ‘‘(a) IN GENERAL.—Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter. ‘‘(b) DETAIL OF MEMBERS.—When convening a military commission under this chapter, the convening authority shall detail as members of the commission such members of the armed forces eligible under subsection (a), as in the opinion of the convening

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