Page:United States Statutes at Large Volume 120.djvu/2656

 PUBLIC LAW 109–366—OCT. 17, 2006

120 STAT. 2625

‘‘§ 950t. Attempts ‘‘(a) IN GENERAL.—Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a military commission under this chapter may direct. ‘‘(b) SCOPE OF OFFENSE.—An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. ‘‘(c) EFFECT OF CONSUMMATION.—Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated. ‘‘§ 950u. Solicitation ‘‘Any person subject to this chapter who solicits or advises another or others to commit one or more substantive offenses triable by military commission under this chapter shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a military commission under this chapter may direct. ‘‘§ 950v. Crimes triable by military commissions ‘‘(a) DEFINITIONS AND CONSTRUCTION.—In this section: ‘‘(1) MILITARY OBJECTIVE.—The term ‘military objective’ means— ‘‘(A) combatants; and ‘‘(B) those objects during an armed conflict— ‘‘(i) which, by their nature, location, purpose, or use, effectively contribute to the opposing force’s warfighting or war-sustaining capability; and ‘‘(ii) the total or partial destruction, capture, or neutralization of which would constitute a definite military advantage to the attacker under the circumstances at the time of the attack. ‘‘(2) PROTECTED PERSON.—The term ‘protected person’ means any person entitled to protection under one or more of the Geneva Conventions, including— ‘‘(A) civilians not taking an active part in hostilities; ‘‘(B) military personnel placed hors de combat by sickness, wounds, or detention; and ‘‘(C) military medical or religious personnel. ‘‘(3) PROTECTED PROPERTY.—The term ‘protected property’ means property specifically protected by the law of war (such as buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals, or places where the sick and wounded are collected), if such property is not being used for military purposes or is not otherwise a military objective. Such term includes objects properly identified by one of the distinctive emblems of the Geneva Conventions, but does not include civilian property that is a military objective. ‘‘(4) CONSTRUCTION.—The intent specified for an offense under paragraph (1), (2), (3), (4), or (12) of subsection (b) precludes the applicability of such offense with regard to— ‘‘(A) collateral damage; or

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