The Military Commissions Act of 2006 is a congressional act that grants the President of the United States legal authority to prosecute unlawful enemy combatants for war crimes. It was signed into law by President George W. Bush on October 17, 2006. The Act grants the United States new rights to detain and try individuals suspected of terrorist activities. It also contains provisions that authorize the President to define certain acts as war crimes and to allow military tribunals to try those suspected of committing them.
What Are the Main Features of Military Commissions Act of 2006?
The Military Commissions Act of 2006 includes several provisions that are designed to bring the U.S. legal system more in line with the principles of international justice. These include:
- Defining what constitutes unlawful enemy combatants, and establishing that only such individuals can be prosecuted by military tribunals.
- Limiting proceedings to a military commission rather than a civilian court.
- Establishing rules of evidence and procedure for the military commissions, including the use of hearsay evidence and evidence obtained by “coercive methods.”
- Establishing procedures for appeal.
- Requiring that military commissions conform to the “principles of justice and fairness,” as defined by international law.
What Are the Implications of the Military Commissions Act of 2006?
The Military Commissions Act of 2006 is controversial, as it grants the President extraordinary powers to try and convict individuals suspected of terrorist activity. This has generated criticism from those who fear that the new rules bypass traditional due process rights, leading to potential abuses of power. On the other hand, supporters of the Act argue that it is a necessary step in the war on terror, providing a legal framework to try dangerous individuals while still safeguarding the rights of the accused.