(a) Purpose. - This chapter establishes procedures governing the
use of military commissions to try alien unprivileged enemy
belligerents for violations of the law of war and other offenses
triable by military commission.
(b) Authority for Military Commissions Under This Chapter. - The
President is authorized to establish military commissions under
this chapter for offenses triable by military commission as
provided in this chapter.
(c) Construction of Provisions. - The procedures for military
commissions set forth in this chapter are based upon the procedures
for trial by general courts-martial under chapter 47 of this title
(the Uniform Code of Military Justice). Chapter 47 of this title
does not, by its terms, apply to trial by military commission
except as specifically provided therein or in this chapter, and
many of the provisions of chapter 47 of this title are by their
terms inapplicable to military commissions. The judicial
construction and application of chapter 47 of this title, while
instructive, is therefore not of its own force binding on military
commissions established under this chapter.
(d) Inapplicability of Certain Provisions. - (1) The following
provisions of this title shall not apply to trial by military
commission under this chapter:
(A) Section 810 (article 10 of the Uniform Code of Military
Justice), relating to speedy trial, including any rule of courts-
martial relating to speedy trial.
(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d)
of the Uniform Code of Military Justice), relating to compulsory
(C) Section 832 (article 32 of the Uniform Code of Military
Justice), relating to pretrial investigation.
(2) Other provisions of chapter 47 of this title shall apply to
trial by military commission under this chapter only to the extent
provided by the terms of such provisions or by this chapter.
(e) Geneva Conventions Not Establishing Private Right of Action. -
No alien unprivileged enemy belligerent subject to trial by
military commission under this chapter may invoke the Geneva
Conventions as a basis for a private right of action.