Medical and Public Health Law Site
DoD Directives
Search Current Issuances Administrative Instructions Publications (Regs, Manuals, etc.) Instructions (1000.1-8999.99) Directives (5000.1-8999.99) Directives (1000.1-4999.99) Washington Headquarters Services Home Directives Home Page Contact Us Other Agency Links Other Agency Documents

Department of Defense
Military Commission Orders and Instructions

A military commission is a war-time, military tribunal traditionally used to try violations of the laws of war.

Under the President's Military Order of November 13, 2001, those tried by military commission may include:

  • Members of al Queda
  • People involved in acts of international terrorism against the United States
  • People who knowingly harbored such terrorists

PRESIDENT'S ORDER

Military Order of November 13, 2001, "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism"   PDF (93 KB)

MILITARY COMMISSION ORDERS

Military Commission Order No. 1, "Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism," March 21, 2002   PDF (818 KB)
Military Commission Order No. 1 fact sheet   PDF (82 KB)

APPOINTING AUTHORITY

DoD Directive 5105.70, "Appointing Authority For Military Commissions," February 10, 2004     PDF (733 KB)

MILITARY COMMISSION INSTRUCTIONS

Military Commission Instruction No. 1, "Military Commission Instructions," April 30, 2003   PDF (137 KB)
Military Commission Instruction No. 2, "Crimes and Elements for Trials by Military Commission," April 30, 2003   PDF (1192 KB)
Military Commission Instruction No. 3, "Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors," April 30, 2003   PDF (209 KB)
Military Commission Instruction No. 4, "Responsibilities for the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel," April 30, 2003   PDF (365 KB)
Military Commission Instruction No. 5, "Qualification of Civilian Defense Counsel," April 30, 2003   PDF (563 KB)
Military Commission Instruction No. 6, "Reporting Relationships for Military Commission Personnel," April 30, 2003   PDF (131 KB)
Military Commission Instruction No. 7, "Sentencing," April 30, 2003   PDF (172 KB)
Military Commission Instruction No. 8, "Administrative Procedures," April 30, 2003  
PDF (221 KB)

Back to the top