Military Commission Order No. 1
Encyclopedia
The Military Commission Order No. 1 was an order that came into focus in the 2006 ruling of the Supreme Court of the United States
in 'Hamdan v. Rumsfeld
.
From the ruling, 05-184:
}} Full text transcript of the oral argument]|301 KiB
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Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in 'Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
.
From the ruling, 05-184:
- 4. The military commission at issue lacks the power to proceed because its structure and procedures violate both the UCMJ and the four Geneva Conventions signed in 1949. Pp. 49–72.
- (a) The commission's procedures, set forth in Commission Order No. 1, provide, among other things, that an accused and his civilian counsel may be excluded from, and precluded from ever learning what evidence was presented during, any part of the proceeding the official who appointed the commission or the presiding officerPresiding Officer (Guantanamo Military Commissions)The United States of America has charged Guantanamo captives before "Military Commissions", each presided over by a Presiding Officer.The Presiding Officer were initially to serve as the first among equals on bodies were the commission members served the roles similar to both judge and jury.In the...
decides to "close." Grounds for closure include the protection of classified information, the physical safety of participants and witnesses, the protection of intelligence and law enforcement sources, methods, or activities, and "other national security interests." Appointed military defense counsel must be privy to these closed sessions, but may, at the presiding officer’s discretion, be forbidden to reveal to the client what took place therein. Another striking feature is that the rules governing Hamdan's commission permit the admission of any evidence that, in the presiding officer's opinion, would have probative value to a reasonable person. Moreover, the accused and his civilian counsel may be denied access to classified and other "protected information," so long as the presiding officer concludes that the evidence is "probative" and that its admission without the accused’s knowledge would not result in the denial of a full and fair trial. Pp. 49–52.
- (a) The commission's procedures, set forth in Commission Order No. 1, provide, among other things, that an accused and his civilian counsel may be excluded from, and precluded from ever learning what evidence was presented during, any part of the proceeding the official who appointed the commission or the presiding officer
Court documents
Full text of the decision]|1.31 MiBMebibyte
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}} Full text transcript of the oral argument]|301 KiB
Kibibyte
The kibibyte is a multiple of the unit byte for quantities of digital information. The binary prefix kibi means 1024; therefore, 1 kibibyte is . The unit symbol for the kibibyte is KiB. The unit was established by the International Electrotechnical Commission in 1999 and has been accepted for use...
}}
Other
- Military Commission Order No 1 from the Pentagon
- PROPOSED AMENDMENTS TO MILITARY COMMISSION ORDER NO. 1
- 2005 Memoranda and Opinions by the United States Department of JusticeUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
approving proposed amendments