What Is A Military Commission Explained

The concept of a military commission has been around for centuries, with its roots dating back to the early days of warfare. However, the modern understanding of a military commission has evolved significantly, particularly in the context of international humanitarian law and human rights. In this article, we will delve into the concept of a military commission, its history, and its significance in contemporary times.

A military commission is a specialized tribunal established to try individuals accused of war crimes, crimes against humanity, and other serious offenses committed during armed conflict. The commission is typically composed of military personnel, who serve as judges, prosecutors, and defense counsel. The primary purpose of a military commission is to provide a fair and impartial trial for the accused, while also ensuring that justice is served in a manner consistent with the principles of international humanitarian law.

The History of Military Commissions

Military commissions have been used throughout history to try individuals accused of war crimes and other serious offenses. One of the earliest recorded examples of a military commission dates back to the American Revolutionary War, when the Continental Congress established a commission to try British soldiers accused of war crimes. Similarly, during World War II, the United States established military commissions to try German and Japanese officials accused of war crimes.

However, it was not until the late 20th century that military commissions gained significant attention and controversy. In 2001, the United States established the Guantanamo Bay military commissions to try individuals accused of terrorism and war crimes. The commissions were established by the Bush administration, with the passage of the Military Commissions Act of 2006. The Act authorized the President to establish military commissions to try individuals accused of war crimes, including those detained at Guantanamo Bay.

Controversies Surrounding Military Commissions

The use of military commissions has been marred by controversy, particularly in the context of the Guantanamo Bay detainees. Critics argue that the commissions lack the due process protections afforded by civilian courts, including the right to a fair and impartial trial, the right to counsel, and the right to appeal. Additionally, the commissions have been criticized for their lack of transparency and accountability.

In 2008, the Supreme Court ruled in Boumediene v. Bush that the Guantanamo Bay detainees had the right to habeas corpus, which allowed them to challenge their detention in federal court. The ruling effectively struck down the Military Commissions Act of 2006, requiring Congress to pass new legislation to authorize the use of military commissions.

The Significance of Military Commissions in Contemporary Times

Despite the controversies surrounding military commissions, they continue to play an important role in contemporary times. In 2009, the Obama administration passed the Military Commissions Act of 2009, which reformed the previous legislation and provided greater protections for the accused. The Act established new rules for the use of evidence, including the prohibition on the use of coerced testimony.

In 2011, the Obama administration also established the Guantanamo Bay Periodic Review Board, which reviews the detention of individuals held at Guantanamo Bay. The Board provides an additional layer of review and oversight, ensuring that individuals are not detained indefinitely without charge.

In conclusion, military commissions continue to play a significant role in contemporary times, particularly in the context of international humanitarian law and human rights. While the use of military commissions has been marred by controversy, reforms and legislation have been implemented to provide greater protections for the accused. As the world continues to grapple with the complexities of armed conflict and terrorism, the use of military commissions will likely remain an important tool for ensuring justice and accountability.

Steps to Establish a Military Commission

Establishing a military commission requires careful consideration and planning. The following steps provide an overview of the process:

Authorization: The President or other high-ranking officials must authorize the establishment of a military commission.
Appointment of Judges: The President or other high-ranking officials must appoint judges to preside over the commission.
Appointment of Prosecutors and Defense Counsel: The President or other high-ranking officials must appoint prosecutors and defense counsel to represent the accused.
Pre-Trial Proceedings: The commission must conduct pre-trial proceedings, including arraignments and pre-trial motions.
Trial: The commission must conduct a fair and impartial trial, with the accused having the right to counsel, confront witnesses, and present evidence.
Sentencing: The commission must impose a sentence, if the accused is found guilty.

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