Amends the Uniform Code of Military Justice (UCMJ) to codify and establish procedures governing the use of commissions to try alien unlawful enemy combatants (combatants) engaged in hostilities against the United States for violations of the law of war and other offenses specifically made triable by commissions under this Act. Defines an "unlawful enemy combatant" as a person who has:
(1) engaged in or supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant; or
(2) been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or other tribunal established under the authority of the President or the Secretary of Defense (Secretary). Defines a "lawful enemy combatant" as a person who is a member of:
(1) the regular forces of a State party engaged in hostilities against the United States;
(2) a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or
(3) a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.
Authorizes the President to establish such commissions.
Prohibits commission findings, holdings, and other precedents from being introduced or considered in any proceeding of a court-martial convened under the UCMJ. Prohibits a combatant subject to trial by commission from invoking the Geneva Conventions as a source of rights.
Allows commissions to impose upon any person found guilty any punishment not forbidden under the UCMJ, including the death penalty.
Requires an annual report from the Secretary to the congressional defense committees on any trials conducted.
Makes eligible to serve on a commission any commissioned officer of the Armed Forces on active duty. Requires to be detailed to each commission a military judge, trial and military defense counsel, and reporters and interpreters. Requires at least five members in each commission.
Outlines commission pre-trial procedures, including charges and specifications. Prohibits a person from being required to testify against himself (compulsory self-incrimination) at a commission proceeding. Prohibits (with a limited exception) a statement obtained by the use of torture from being admissible against the accused.
Prescribes commission trial procedures, including:
(1) rules of evidence;
(2) duties of trial and defense counsel;
(3) pleas of the accused;
(4) opportunity to obtain witnesses and other evidence;
(5) the defense of lack of mental responsibility; and
(6) the record of trial.
(1) a two-thirds commission member vote for conviction;
(2) a three-fourths member vote for a sentence of life imprisonment or confinement of more than ten years; and
(3) a unanimous vote by at least 12 members in a case in which the death penalty is sought.
Prohibits any sentence from including cruel or unusual punishments such as flogging, branding, or marking or tattooing of the body.
Prescribes commission post-trial procedures, including: (1) review by the convening authority; (2) appeal by the United States; (3) rehearings; (4) reviews by the Court of Military Commission Review, the U.S. Court of Appeals for the District of Columbia, and the U.S. Supreme Court; and (5) the execution of sentences.
Makes the following offenses triable by commissions:
(1) murder of protected persons;
(2) attacking civilians;
(3) attacking civilian objects;
(4) attacking protected property;
(6) denying quarter;
(7) taking hostages;
(8) employing poison or similar weapons;
(9) using protected persons as a shield;
(10) using protected property as a shield;
(12) cruel or inhuman treatment;
(13) intentionally causing serious bodily injury;
(14) mutilating or maiming;
(15) murder in violation of the law of war;
(16) destruction of property in violation of the law of war;
(17) using treachery or perfidy;
(18) improperly using a flag of truce;
(19) improperly using a distinctive emblem;
(20) intentionally mistreating a dead body;
(22) sexual assault or abuse;
(23) hijacking or hazarding a vessel or aircraft;
(25) providing material support for terrorism;
(26) wrongfully aiding the enemy;
(29) perjury and obstruction of justice; and
Requires a report from the Secretary to the defense committees setting forth commission procedures prescribed under this Act.