Page:United States Statutes at Large Volume 123.djvu/2596

 123STA T . 2 576PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (A)Section810 ( ar tic l e10o f t h e U nifor mC o d eof M ilitar yJus tice) , relatin g tos p eedy trial, including any rule of courts - martial relating to speedy trial . ‘‘( B ) Sections 8 3 1(a), ( b ), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compul- sory self-incrimination. ‘‘(C) Section 83 2 (article 32 of the Uniform Code of Military Justice), relating to pretrial in v estigation. ‘‘(2) O ther provisions of chapter 47 of this title shall apply to trial by military commission under this chapter only to the e x tent provided by the terms of such provisions or by this chapter. ‘‘(e) GEN E VA C O NVEN TI ON SN OT E STA BL IS H IN GPR IVATE R IGHT O F A C TION. — No alien unprivileged enemy belligerent sub j ect to trial by military commission under this chapter may invo k e the Geneva Conventions as a basis for a private right of action. ‘ ‘ §948c.Person ss ubj ec t to mil it a r y commissions ‘‘Any alien unprivileged enemy belligerent is subject to trial by military commission as set forth in this chapter. ‘‘§ 948 d. J urisdiction o f military commissions ‘‘A military commission under this chapter shall have jurisdic- tion to try persons subject to this chapter for any offense made punishable by this chapter, sections 9 04 and 90 6 of this title (arti- cles 104 and 106 of the Uniform Code of Military Justice), or the la w of war, whether such offense was committed before, on, or after September 11, 2001, and may, under such limitations as the President may prescribe, adjudge any punishment not forbid- den by this chapter, including the penalty of death when specifically authori z ed under this chapter. A military commission is a competent tribunal to make a finding sufficient for jurisdiction. ‘‘SUBC H AP T ER I I—COMPOSITION O F MI L ITAR Y COMMISSIONS ‘ ‘ Sec. ‘‘ 948h . W h omay co nv ene m il i t a r y commi s sions. ‘‘948i. Who may serve on military commissions. ‘‘948 j. M ilitary j udg eo f a military commission. ‘‘948 k. D etail of trial counsel and defense counsel. ‘‘948l. Detail or em p loyment of reporters and interpreters. ‘‘948m. N um b er of members e x cuse of members; absent and additional members. ‘‘§ 948 h. W ho may con v ene military commissions ‘‘Military commissions under this chapter may be convened by the Secretary of D efense 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, including commissioned officers of the reserve compo- nents of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty. ‘‘(b) DETAIL OF ME M BERS.— W hen convening a military commis- sion under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, in the opinion of the convening authority, are Ap p licab ili ty.