Page:United States Statutes at Large Volume 123.djvu/2595

 123STA T . 2 57 5 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (3)COALIT IO NP A R TN E R .—Thet e rm ‘ coali tio np artner ’,w ith re s pect to hostilities en g age d in by the U nited S tates, means any State or armed f orce directly engaged along with the United States in s u ch hostilities or pro v iding direct operational support to the United States in connection with such hostilities. ‘‘( 4 ) G ENE V A C ONVENTION RELATIVE TO T H E TREAT M ENT O F PRI S ONERS OF W AR.—The term ‘Geneva Convention R elative to the Treatment of P risoners of W ar’ means the Convention Relative to the Treatment of Prisoners of War, done at Geneva A ugust 12 ,1 9 49( 6 UST 3316). ‘‘( 5 ) GENEVA CONVENTIONS.—The term ‘Geneva Conven - tions’ means the international conventions signed at Geneva on August 12, 1949. ‘‘(6) PRIVILE G E DB ELLIGERENT.—The term ‘privileged bellig- erent’ means an individual belonging to one of the eight cat- egories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War. ‘‘( 7 ) UNPRIVILEGED ENEM Y BELLIGERENT.—The term ‘unprivileged enemy belligerent’ means an individual (other than a privileged belligerent) who— ‘‘(A) has engaged in hostilities against the United States or its coalition partners ‘‘( B ) has purposefully and materially supported hos- tilities against the United States or its coalition partners; or ‘‘(C) was a part of al Q aeda at the time of the alleged offense under this chapter. ‘‘( 8 ) N ATIONAL SEC U RITY.—The term ‘national security’ means the national defense and foreign relations of the United States. ‘‘(9) H OSTILITIES.—The term ‘hostilities’ means any conflict sub j ect to the laws of war. ‘ ‘ §948b.Mil i tarycom mi s sio n s ge nerally ‘‘(a) PURPOSE.—This chapter establishes procedures governing the use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission. ‘‘(b) AUTHORITY FOR M ILITARY COMMISSIONS UNDER THIS CHAPTER.—The President is authori z ed to establish military commissions under this chapter for offenses triable by military commission as provided in this chapter. ‘‘(c) CONSTRUCTION OF PROVISIONS.—The procedures for mili- tary commissions set forth in this chapter are based upon the procedures for trial by general courts-martial under chapter 47 of this title (the Uniform Code of Military J ustice). Chapter 47 of this title does not, by its terms, apply to trial by military commis- sion e x cept as specifically provided therein or in this chapter, and many of the provisions of chapter 47 of this title are by their terms inapplicable to military commissions. The judicial construc- tion and application of chapter 47 of this title, while instructive, is therefore not of its own force binding on military commissions established under this chapter. ‘‘(d) I NAPPLICABILITY OF CERTAIN PROVISIONS.—(1) The fol- lowing provisions of this title shall not apply to trial by military commission under this chapter