Military Commissions Act of 2006

Military Commissions ActMilitary Commission Act of 2006military commissionexisting statutesMilitary Commissions Act (MCA) of 2006Military Commissions Act 2006the U.S. military and its tribunal systemU.S. military commissionunlawful enemy combatants
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006.wikipedia
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Boumediene v. Bush

Boumediene04cv1166A 2008 decision
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. In April 2007, the Supreme Court declined to hear two cases challenging the MCA: Boumediene v. Bush and Al Odah v. United States On June 29, 2007, the court reversed that decision, releasing an order that expressed their intent to hear the challenge.
It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006.

Military Commissions Act of 2009

Military Commissions Act
The Military Commissions Act of 2009 amended some of the provisions of the 2006 Act to improve protections for defendants.
The Military Commissions Act of 2009, which amended the Military Commissions Act of 2006, was passed to address concerns by the United States Supreme Court.

Chief Defense Counsel (United States)

Chief Defense CounselChief Defense Counsel for the United States
Among other things, the MCA created the position of Chief Defense Counsel (United States).
The Chief Defense Counsel is a United States Department of Defense military position created by the Military Commissions Act of 2006 to supervise military and civilian defense attorneys for Guantanamo Bay detention camp prisoners in the Guantanamo military commission.

Combatant Status Review Tribunal

Combatant Status Review TribunalsCSRT(CSRT)
It was drafted following the Supreme Court's decision on Hamdan v. Rumsfeld (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.
Through the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006, in accordance with Bush administration goals, the United States Congress moved to limit, and then curtail the detainees' ability to file habeas corpus appeals.

George W. Bush

BushPresident BushPresident George W. Bush
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006.
On October 17, 2006, Bush signed the Military Commissions Act of 2006 into law.

Hamdan v. Rumsfeld

HamdanHamdam v. RumsfeldHamdan v. Bush
It was drafted following the Supreme Court's decision on Hamdan v. Rumsfeld (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.
Shortly thereafter, the Military Commissions Act of 2006 may have raised again the issue of which court would hear cases such as Hamdan's.

Unlawful combatant

unlawful combatantsunlawful enemy combatantsunlawful enemy combatant
The text of the law states that its "purpose" is to "establish 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."

Center for Constitutional Rights

Center for Constitution RightsThe Center for Constitutional RightsCenter for Constitutional Rights (CCR)
According to Bill Goodman, past Legal Director of the Center for Constitutional Rights, and Joanne Mariner, from FindLaw, this bill redefines unlawful enemy combatant in such a broad way that it refers to any person who is

John McCain

McCainSenator John McCainJohn S. McCain III
John McCain, United States Senator:
In November, McCain and Senator Carl Levin were leaders in efforts to codify in the National Defense Authorization Act for Fiscal Year 2012 that terrorism suspects, no matter where captured, could be detained by the U.S. military and its tribunal system; following objections by civil libertarians, some Democrats, and the White House, McCain and Levin agreed to language making it clear that the bill would not pertain to U.S. citizens.

Habeas corpus

writ of habeas corpuswrit of ''habeas corpushabeas petition
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.

David Hicks

David Matthew HicksHicks2
The first person prosecuted under the MCA was David Matthew Hicks, an Australian.
In 2007, Hicks consented to a plea bargain in which he pleaded guilty to charges of providing material support for terrorism by the United States Guantanamo military commission under the Military Commissions Act of 2006.

Omar Khadr

Nathan WhitlingJeffrey Groharing00766
The first case was that of Omar Khadr, a Canadian who had been designated as an "enemy combatant" in 2004.
The charges were filed under the Military Commission Act of 2006 and considered under US law to be war crimes, although the act was not in place at the time the alleged offenses took place.

Enemy combatant

enemy combatantsenemyenemies
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.
Following the Supreme Court's ruling of lexi Hamdan v. Rumsfeld the United States Congress passed the Military Commissions Act of 2006 which contained definitions for lawful and unlawful enemy combatants.

War Crimes Act of 1996

War Crimes Act
Under the War Crimes Act of 1996, any violation of Common Article 3 of the Geneva Conventions was considered a war crime and could be criminally prosecuted.
The possibility that American officials and military personnel could be prosecuted for war crimes for committing the "outrages upon personal dignity, in particular humiliating and degrading treatment" prohibited by the Conventions led to a series of proposals to make such actions legal in certain circumstances, which resulted in the Military Commissions Act of 2006.

Salim Hamdan

Salim Ahmed Hamdan00149Hamdan, Salim Ahmed
Also on June 4, Captain Keith J. Allred reached the same conclusion in the case of Salim Ahmed Hamdan.
After passage of the Military Commissions Act of 2006, Hamdan was tried on revised charges beginning July 21, 2008, the first of the detainees to be tried under the new system.

José Padilla (prisoner)

José PadillaJose PadillaPadilla
One Bush administration critic described the Act as "the legalization of the José Padilla treatment"—referring to the American citizen who was declared an unlawful enemy combatant and then imprisoned for three years before finally being charged with a lesser crime than was originally alleged.
The argument in the general public concerning the legality of Padilla's detention examined one of the provisions of the Military Commissions Act of 2006 enacted on October 17, 2006, which states:

Al Odah v. United States

Al-Odah v. United States02-CV-082802cv828
In April 2007, the Supreme Court declined to hear two cases challenging the MCA: Boumediene v. Bush and Al Odah v. United States On June 29, 2007, the court reversed that decision, releasing an order that expressed their intent to hear the challenge.
The decision, striking down that provision of the Military Commissions Act of 2006, was handed down on 12 June 2008.

Jonathan Turley

Jonathan Turley, professor of constitutional law at George Washington University, called the Military Commissions Act of 2006 "a huge sea change for our democracy. The framers created a system where we did not have to rely on the good graces or good mood of the president. In fact, Madison said that he created a system essentially to be run by devils, where they could not do harm, because we didn't rely on their good motivations. Now we must."
Commenting on the Military Commissions Act of 2006, which, he contends, does away with habeas corpus, Turley says, "It's something that no one thought—certainly I didn't think—was possible in the United States. And I am not too sure how we got to this point. But people clearly don't realize what a fundamental change it is about who we are as a country. What happened today changed us."

Extrajudicial prisoners of the United States

high-value detaineeshigh value detaineesDetainees in CIA custody
At that time, the Bush administration was assured of passage by Congress of the Military Commissions Act of 2006, which included provisions preventing detainees from using habeas corpus petitions outside the newly authorized system of military tribunals.

Peter Brownback

Colonel Peter Brownback ruled that the military tribunals, created to deal with "unlawful enemy combatants," had no jurisdiction over detainees who had been designated only as "enemy combatants."
In the fall of 2006 the Congress passed the Military Commissions Act, which authorized military commissions similar to those the Supreme Court overturned, to try "unlawful enemy combatants".

Ali Saleh Kahlah al-Marri

Ali Saleh al-MarriAli al-Marri
On November 13, 2006, the Department of Justice asserted in a motion with the U.S. Court of Appeals for the Fourth Circuit that, according to the Act, Ali Saleh Kahlah al-Marri should be tried in a military tribunal as an enemy combatant rather than in a civilian court.
On November 13, 2006, the United States Department of Justice asserted in a six-page motion with the United States Court of Appeals for the Fourth Circuit that, according to the Military Commissions Act of 2006, al-Marri should be tried in a military tribunal as an enemy combatant rather than in a civilian court.

Command responsibility

under the commandYamashita Standardresponsibility
:The MCA's restricted definitions arguably would exempt certain U.S. officials who have implemented or had command responsibility for coercive interrogation techniques from war crimes prosecutions.
The Military Commissions Act of 2006 is seen as an amnesty law for crimes committed in the War on Terror by retroactively rewriting the War Crimes Act and by abolishing habeas corpus, effectively making it impossible for detainees to challenge crimes committed against them.

Enhanced interrogation techniques

enhanced interrogationtortureextended interrogation techniques
:The MCA's restricted definitions arguably would exempt certain U.S. officials who have implemented or had command responsibility for coercive interrogation techniques from war crimes prosecutions.
Bradbury authored an additional memo dated July 2007, seeking to reconcile the interrogation techniques with new developments, including intervening legislation such as the Military Commissions Act of 2006 and the December 2005 Detainee Treatment Act.

Detainee Treatment Act

Detainee Treatment Act of 2005McCain Detainee AmendmentMcCain Amendment
In 2005, a provision of the Detainee Treatment Act (section 1004(a)) had created a new defense as well as a provision to providing counsel for agents involved in the detention and interrogation of individuals "believed to be engaged in or associated with international terrorist activity".