Back Military Commissions Act German Military Commissions Act de 2006 French د 2006 کال د پوځي کميسیونونو قانون Pashto/Pushto
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| Long title | An Act to authorize trial by military commission for violations of the law of war, and for other purposes. |
|---|---|
| Citations | |
| Public law | 109-366 |
| Statutes at Large | 120 Stat. 2600 |
| Codification | |
| Titles amended | 10 |
| U.S.C. sections created | 948-949 |
| Legislative history | |
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| Major amendments | |
| Military Commissions Act of 2009 | |
| United States Supreme Court cases | |
| Boumediene v. Bush, 553 U.S. 723 (2008) | |
The Military Commissions Act of 2006,[1] also known as HR-6166, was an Act of Congress[2] 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".[3]
It was drafted following the decision on Hamdan v. Rumsfeld (2006) from the Supreme Court of the United States,[4] 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.
- ^ Pub. L. No. 109-366, 120 Stat. 2600 (Oct. 17, 2006), enacting Chapter 47A of title 10 of the United States Code (as well as amending section 2241 of title 28),
- ^ Senate Bill 3930 Military Commissions Act of 2006 (as passed by Congress) Archived September 18, 2008, at the Wayback Machine, S.3930, September 22, 2006
- ^ "Military Commissions Act of 2006" (PDF). Archived (PDF) from the original on December 7, 2010. Retrieved December 26, 2007.
- ^ ""Rushing Off a Cliff", The New York Times, September 28, 2006". The New York Times. September 28, 2006. Archived from the original on February 16, 2017. Retrieved February 22, 2017.