PUBLIC LAW 109–366—OCT. 17, 2006 ‘‘VI. Post-Trial Procedure and Review of Military Commissions ........................ ‘‘VII. Punitive Matters ...........................................................................................
120 STAT. 2601 950a 950p
‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘Sec. ‘‘948a. Definitions. ‘‘948b. Military commissions generally. ‘‘948c. Persons subject to military commissions. ‘‘948d. Jurisdiction of military commissions. ‘‘948e. Annual report to congressional committees.
‘‘§ 948a. Definitions ‘‘In this chapter: ‘‘(1) UNLAWFUL ENEMY COMBATANT.—(A) The term ‘unlawful enemy combatant’ means— ‘‘(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or ‘‘(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense. ‘‘(B) CO-BELLIGERENT.—In this paragraph, the term ‘cobelligerent’, with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy. ‘‘(2) LAWFUL ENEMY COMBATANT.—The term ‘lawful enemy combatant’ means a person who is— ‘‘(A) a member of the regular forces of a State party engaged in hostilities against the United States; ‘‘(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or ‘‘(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States. ‘‘(3) ALIEN.—The term ‘alien’ means a person who is not a citizen of the United States. ‘‘(4) CLASSIFIED INFORMATION.—The term ‘classified information’ means the following: ‘‘(A) Any information or material that has been determined by the United States Government pursuant to statute, Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security. ‘‘(B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
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