ABSTRACT

Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues [August 4, 2014]   [open pdf - 598KB]

"This report provides a background and analysis comparing military commissions as envisioned under the revised MCA [Military Commissions Act] to those established by the MCA 2006. After reviewing the history of the implementation of military commissions in the armed conflict against Al Qaeda and associated forces, the report provides an overview of the procedural safeguards provided in the MCA. Finally, the report provides two charts comparing the MCA as amended by the MCA 2009 to the original MCA enacted in 2006 and to general courts-martial. The first chart describes the composition and powers of the military tribunals, as well as their jurisdiction. The second chart, which compares procedural safeguards in courts-martial to the MCA as enacted and as amended, follows the same order and format used in CRS [Congressional Research Service] Report RL31262, 'Selected Procedural Safeguards in Federal, Military, and International Courts', as well as CRS Report R40932, 'Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court', both by Jennifer K. Elsea, to facilitate comparison with safeguards provided in federal court and international criminal tribunals."

Report Number:
CRS Report for Congress, R41163
Author:
Publisher:
Date:
2014-08-04
Series:
Copyright:
Public Domain
Retrieved From:
Via E-mail
Media Type:
application/pdf
URL:
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