Military Commission
A military commission is a type of court typically used by the armed forces or under martial law to determine the guilt of individuals accused of violations of the laws of war. Military commissions differ from civilian courts in their procedural rules and the nature of the offenses they adjudicate.
Historical Context
Military commissions have been utilized historically during times of war or occupation when the rule of law needs to be maintained by the military. One of the most notable uses of military commissions was during the American Civil War when President Abraham Lincoln used them to try Confederate soldiers and others accused of disloyalty.
Guantanamo Military Commissions
The Guantanamo military commissions are perhaps the most widely recognized modern military commissions. Established by President George W. Bush in 2001 following the events of September 11, these commissions were intended to try detainees at the Guantanamo Bay detention camp for war crimes and terrorism-related charges. The commissions faced substantial legal and ethical scrutiny regarding issues of due process and the rights of detainees.
Structure and Function
The structure of a military commission typically includes a panel of commissioned officers who serve as judges and sometimes a prosecutor and defense attorney. The procedures can vary significantly from civilian courts, often allowing for different evidentiary rules and standards of proof.
Central Military Commission
The term "military commission" can also refer to the Central Military Commission, particularly in the context of countries like China where it denotes the highest military authority. The Central Military Commission is responsible for the command and control of the People’s Liberation Army and is a central part of the country's military governance.
The Chinese Central Military Commission is distinct from other military commissions in its function as a governing body, similar to ministries of defense in other nations.