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The United States Military Commissions Act of 2006,〔Pub. L. No. 109-366, 120 Stat. 2600 (Oct. 17, 2006), enacting Chapter 47A of title 10 of the United States Code (as well as amending section 2241 of title 28),〕 also known as HR-6166, was an Act of Congress〔Senate Bill 3930 (Military Commissions Act of 2006 (as passed by Congress) ), S.3930, September 22, 2006〕 signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes."〔(Military Commissions Act of 2006 )〕 It was drafted following the Supreme Court's decision on ''Hamdan v. Rumsfeld'' (2006),〔("Rushing Off a Cliff", ''The New York Times'', September 28, 2006 )〕 which ruled that the Combatant Status Review Tribunals (CSRT), as established by the United States Department of Defense, were procedurally flawed and unconstitutional, and did not provide protections under the Geneva Conventions. It prohibited detainees who had been classified as enemy combatants or were awaiting hearings on their status from using "Habeas corpus" to petition federal courts in challenges to their detention. All pending habeas corpus cases at the federal district court were stayed. In ''Boumediene v. Bush'' (2008), the US Supreme Court held that section 7 of the MCA was unconstitutional because of its restrictions of detainee rights. It determined that detainees had the right to petition federal courts for ''habeas corpus'' challenges. ==Scope of the Act== :Sec. 948b. Military commissions generally ::(a) Purpose— This chapter establishes procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission. ::(b) Authority for Military Commissions Under This Chapter— The President is authorized 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 military commissions set forth in this chapter are based upon the procedures for trial by general court-martial under chapter 47 of this title (the Uniform Code of Military Justice). Chapter 47 of this title does not, by its terms, apply to trial by military commission except as specifically provided in this chapter. The judicial construction and application of that chapter are not binding on military commissions established under this chapter. ::(d) Inapplicability of Certain Provisions— :::(1) The following provisions of this title shall not apply to trial by military commission under this chapter: ::::(A) Section 810 (article 10 of the Uniform Code of Military Justice), relating to speedy trial, including any rule of courts-martial relating to speedy trial. ::::(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination. ::::(C) Section 832 (article 32 of the Uniform Code of Military Justice), relating to pretrial investigation. :::(2) Other provisions of chapter 47 of this title shall apply to trial by military commission under this chapter only to the extent provided by this chapter. ::(e) Treatment of Rulings and Precedents— The findings, holdings, interpretations, and other precedents of military commissions under this chapter may not be introduced or considered in any hearing, trial, or other proceeding of a court-martial convened under chapter 47 of this title. The findings, holdings, interpretations, and other precedents of military commissions under this chapter may not form the basis of any holding, decision, or other determination of a court-martial convened under that chapter. ::(f) Status of Commissions Under Common Article 3— A military commission established under this chapter is a regularly constituted court, affording all the necessary `judicial guarantees which are recognized as indispensable by civilized peoples' for purposes of common Article 3 of the Geneva Conventions. ::(g) Geneva Conventions Not Establishing Source of Rights— No alien unlawful enemy combatant subject to trial by military commission under this chapter may invoke the Geneva Conventions as a source of rights. :Sec. 948c. Persons subject to military commissions ::Any alien unlawful enemy combatant is subject to trial by military commission under this chapter. :Sec. 948d. Jurisdiction of military commissions ::(a) Jurisdiction— A military commission under this chapter shall have jurisdiction to try any offense made punishable by this chapter or the law of war when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001. ::(b) Lawful Enemy Combatants— Military commissions under this chapter shall not have jurisdiction over lawful enemy combatants. Lawful enemy combatants who violate the law of war are subject to chapter 47 of this title. Courts-martial established under that chapter shall have jurisdiction to try a lawful enemy combatant for any offense made punishable under this chapter. ::(c) Determination of Unlawful Enemy Combatant Status Dispositive— A finding, whether before, on, or after the date of the enactment of the Military Commissions Act of 2006, by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense that a person is an unlawful enemy combatant is dispositive for purposes of jurisdiction for trial by military commission under this chapter. ::(d) Punishments— A military commission under this chapter may, under such limitations as the Secretary of Defense may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when authorized under this chapter or the law of war. The term ''"competent tribunal"'' is not defined in the Act itself. It is defined in the US Army Field Manual, section 27–10, for the purpose of determining whether a person is or is not entitled to prisoner of war status, and consists of a board of not less than three officers. It is also a term used in Article five of the third Geneva Convention.〔The ICRC (Commentary on Article 5 ) says on the issue of ''competent tribunal'' that "At Geneva in 1949, it was first proposed that for the sake of precision the term 'responsible authority' should be replaced by 'military tribunal' (11). This amendment was based on the view that decisions which might have the gravest consequences should Hot () be left to a single person, who might often be of subordinate rank. The matter should be taken to a court, as persons taking part in the fight without the right to do so are liable to be prosecuted for murder or attempted murder, and might even be sentenced to capital punishment (12). This suggestion was not unanimously accepted, however, as it was felt that to bring a person before a military tribunal might have more serious consequences than a decision to deprive him of the benefits afforded by the Convention (13). A further amendment was therefore made to the Stockholm text stipulating that a decision regarding persons whose status was in doubt would be taken by a 'competent tribunal', and not specifically a military tribunal. Another change was made in the text of the paragraph, as drafted at Stockholm, in order to specify that it applies to cases of doubt as to whether persons having committed a belligerent act and having fallen into the hands of the enemy belong to any of the categories enumerated in Article 4 (14). The clarification contained in Article 4 should, of course, reduce the number of doubtful cases in any future conflict. It therefore seems to us that this provision should not be interpreted too restrictively; the reference in the Convention to 'a belligerent act' relates to the principle which motivated the person who committed it, and not merely the manner in which the act was committed." *(11) (p.77 ) See ' Final Record of the Diplomatic Conference of Geneva of 1949, ' Vol. II-A, p. 388; *(12) (p.77 ) Ibid., Vol. III, p. 63, No. 95; *(13) (p.77 ) Ibid., Vol. II-B, p. 270; *(14) (p.77 ) Ibid., pp. 270-271; 〕 However, the rights guaranteed by the third Geneva Convention to lawful combatants are expressly denied to ''unlawful'' military combatants for the purposes of this Act by Section 948b (see above). 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Military Commissions Act of 2006」の詳細全文を読む スポンサード リンク
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