DoD Military Commision Instructions

On February 28, 2003, the General Counsel of the Department of Defense (DoD) released a draft military commission instruction entitled "Crimes and Elements for Trials by Military Commission." This instruction lists and defines certain violations of the laws of war and other offenses triable by military commission.

The General Counsel of the Department of Defense issued on 02 May 2003, eight military commission instructions that would facilitate the conduct of possible future military commissions. "The issuing of these instructions is another step DOD has taken towards being prepared to conduct full and fair military commissions," said Deputy General Counsel Whit Cobb.

The instructions issued include crimes and elements of offenses as well as other administrative guidance and procedures for Military Commission participants to facilitate the conduct of full and fair trials.

On December 30, 2003, the Military Commission Instruction 9 was issued. MCI No. 9 prescribes procedures and establishes responsibilities for the review of military commission proceedings to provide for an independent review similar to the role of an appellate court in the civilian court system. Among other things, MCI No. 9 requires review panel members to perform their duties impartially, creates a single term of service for review panel members and protects review panel members against undue influence.

Issued instructions include:

• Crimes and Elements for Trials by Military Commission Draft [145 Kb]

1. Guidance on Military Commission Instructions themselves [136 Kb]
2. Crimes and Elements for Trials by Military Commission [1.16 Mb]
3. Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors [208 Kb]
   Revised (20 Apr 04): Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors [307 Kb]
4. Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel [364 Kb]
   Revised (20 Apr 04): Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel [436 Kb]
5. Qualification of Civilian Defense Counsel [562 Kb]
6. Reporting Relationships for Military Commission Personnel [130 Kb]
   Revised (20 Apr 04): Reporting Relationships for Military Commission Personnel [371 Kb]
7. Sentencing [171 Kb]
8. Administrative Procedures [220 Kb]
9. Review of Military Commission Proceedings [193 Kb]

These files are all in the Adobe Acrobat PDF format