What Does ‘Military Commission’ Mean?

Military commission is a legal term used to describe a special tribunal used by members of the armed forces to try war crimes or in other cases of military justice. A military commission is similar to a regular court trial, but hearings are limited to members of the military and the proceedings typically adhere to stricter rules, especially as they pertain to evidence and classified information.

The History of Military Commissions

Military commissions are centuries old and have their roots in early English Common Law Military Courts. The United States has historically used military commissions for offenses of various kinds, such as mutiny, treason, and espionage. In the modern era, the U.S. has employed military commissions in the fight against terrorism, most notably during the War on Terror and the War in Iraq. Most recently, the United States has used military commissions to prosecute suspected terrorist activities.

How Do Military Commissions Work?

Military commissions are a form of tribunal that follows special rules of evidence and procedure. The president is typically the one vested with the authority to provide authority for military commissions, often referred to as the convening authority. Tribunals of officers, commissioned or warrant, may be ordered to sit and decide the fate of the accused offender. The proceedings are similar to criminal court proceedings, including a jury, opening arguments, fact-finding, evidence presentation, examination of witnesses, and a verdict. Critics of the military commissions process claim that evidence is collecting in ways that violate international norms, as with the use of evidence collected through torture. Additionally, because prisoners are tried in a closed court system, issues of due process have been raised.

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Recent Examples of Military Commissions

In recent years, the United States has relied on military commissions to try the perpetrators of numerous terrorist-related acts. The most famous example is the 2009 trial of Khalid Sheikh Mohammed for the September 11th attacks. More recently, military commissions have been used to try numerous suspects for their involvement in the deadly 2012 Benghazi attacks. Additionally, U.S. military commissions have been used to try a number of suspects in the 2014 attack on a British soldier in Woolwich, London.

The Debate Surrounding Military Commissions

As with all forms of justice, military commissions are a topic of great debate. Those in favor tend to argue that military commissions are more effective than domestic courts in dealing with serious security threats as they give military officers the full discretion to use whatever evidence, or lack of evidence, they deem necessary to reach a decision. Critics, on the other hand, argue that the ability to use secret evidence and lack of civilian oversight undermines the fairness of the process, as well as international law and human rights standards.

Related Legal Concepts

Military commissions operate within the broader framework of military law, which governs armed forces personnel and wartime conduct. The Military Commissions Act of 2006 established the modern legal foundation for these tribunals, defining their jurisdiction and procedures. While the term commission appears in various legal contexts, military commissions differ significantly from civilian regulatory bodies in their structure and purpose. These specialized tribunals represent a unique intersection of constitutional principles, military necessity, and international law obligations.

The Bottom Line

Military commissions serve as specialized tribunals for trying war crimes and military offenses, operating under distinct rules that differ from civilian courts. Understanding their role, limitations, and ongoing controversies is essential for comprehending modern military justice systems. For guidance specific to your situation, always consult a qualified, licensed attorney.