Military Commissions Act of 2006

The 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. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes". It was drafted following the decision on Hamdan v. Rumsfeld (2006) from the Supreme Court of the United States, 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. 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. All pending habeas corpus cases at the federal district court were stayed. In Boumediene v. Bush (2008), the Supreme Court held that Section 7 of the law was unconstitutional because of its restrictions of detainee rights under the Suspension Clause. It determined that detainees had the right to petition federal courts for challenges to the legal recourse of habeas corpus. Sec. 948b. Military commissions generally (a) Purpose— This chapter establishes 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. (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 court-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 in this chapter.