PUBLIC LAW 109–366—OCT. 17, 2006
120 STAT. 2631
part II of subtitle A, of title 10, United States Code, are each amended by inserting after the item relating to chapter 47 the following new item: ‘‘47A. Military Commissions .................................................................................. 948a’’. (b) SUBMITTAL OF PROCEDURES TO CONGRESS.—Not later than
90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the procedures for military commissions prescribed under chapter 47A of title 10, United States Code (as added by subsection (a)).
Deadline. Reports. 10 USC 948a note.
SEC. 4. AMENDMENTS TO UNIFORM CODE OF MILITARY JUSTICE.
(a) CONFORMING AMENDMENTS.—Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended as follows: (1) APPLICABILITY TO LAWFUL ENEMY COMBATANTS.—Section 802(a) (article 2(a)) is amended by adding at the end the following new paragraph: ‘‘(13) Lawful enemy combatants (as that term is defined in section 948a(2) of this title) who violate the law of war.’’. (2) EXCLUSION OF APPLICABILITY TO CHAPTER 47A COMMISSIONS.—Sections 821, 828, 848, 850(a), 904, and 906 (articles 21, 28, 48, 50(a), 104, and 106) are amended by adding at the end the following new sentence: ‘‘This section does not apply to a military commission established under chapter 47A of this title.’’. (3) INAPPLICABILITY OF REQUIREMENTS RELATING TO REGULATIONS.—Section 836 (article 36) is amended— (A) in subsection (a), by inserting ‘‘, except as provided in chapter 47A of this title,’’ after ‘‘but which may not’’; and (B) in subsection (b), by inserting before the period at the end ‘‘, except insofar as applicable to military commissions established under chapter 47A of this title’’. (b) PUNITIVE ARTICLE OF CONSPIRACY.—Section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice), is amended— (1) by inserting ‘‘(a)’’ before ‘‘Any person’’; and (2) by adding at the end the following new subsection: ‘‘(b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a courtmartial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.’’. SEC. 5. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.
28 USC 2241 note.
(a) IN GENERAL.—No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories.
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