US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 948b

Military commissions generally

(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 self-incrimination.
(C)
Section 832 (article 32 of the Uniform Code of Military Justice), relating to preliminary hearing.
(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.

Pub. L. 111–84, div. A, title XVIII, § 1802123 Stat. 2575 Pub. L. 113–66, div. A, title XVII, § 1702(c)(3)(E)127 Stat. 958 (Added , , ; amended , , .)

Editorial Notes

Prior Provisions

Pub. L. 109–366, § 3(a)(1)120 Stat. 2602 Pub. L. 111–84A prior section 948b, added , , , related to military commissions generally, prior to the general amendment of this chapter by .

Amendments

Pub. L. 113–662013—Subsec. (d)(1)(C). substituted “preliminary hearing” for “pretrial investigation”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 113–66section 1702(d)(1) of Pub. L. 113–66section 802 of this titleAmendment by effective on the later of , or the date of the enactment of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 () and applicable with respect to preliminary hearings conducted on or after that effective date, see , set out as a note under .

Executive Documents

Ex. Ord. No. 13425. Trial of Alien Unlawful Enemy Combatants by Military Commission

Ex. Ord. No. 13425, , 72 F.R. 7737, provided:

Public Law 109–366Public Law 107–40section 948b(b) of title 10By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Military Commissions Act of 2006 (), the Authorization for Use of Military Force (), and , United States Code, it is hereby ordered as follows:

SectionEstablishment of Military Commissions 1. . There are hereby established military commissions to try alien unlawful enemy combatants for offenses triable by military commission as provided in chapter 47A of title 10.

SecDefinitions. 2. . As used in this order:

section 948a(1) of title 10(a) “unlawful enemy combatant” has the meaning provided for that term in ; and

(b) “alien” means a person who is not a citizen of the United States.

SecSupersedureFed. Reg. 3. . This order supersedes any provision of the President’s Military Order of (66 . 57,833), that relates to trial by military commission, specifically including:

(a) section 4 of the Military Order; and

(b) any requirement in section 2 of the Military Order, as it relates to trial by military commission, for a determination of:

(i) reason to believe specified matters; or

(ii) the interest of the United States.

SecGeneral Provisions. 4. . (a) This order shall be implemented in accordance with applicable law and subject to the availability of appropriations.

(b) The heads of executive departments and agencies shall provide such information and assistance to the Secretary of Defense as may be necessary to implement this order and chapter 47A of title 10.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person.

George W. Bush.