View Rule

On November 13, 2001, President George W. Bush issued a Military Order titled Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism” to, among other things, authorize the use of military commissions to try certain terror suspects. Pursuant to section 4 of that order, the Secretary of Defense issued rules for the conduct of those proceedings, which were ultimately codified at this subchapter. In 2006, the Supreme Court found the military commissions convened under the order to be illegal. Thereafter, Congress passed the Military Commission Acts of 2006 and 2009, which reauthorized the use of military commissions and added additional processes and procedures. Accordingly, the Secretary of Defense was required to issue new policies and procedures controlling the conduct of the proceedings. Those updated policies and procedures have not been published in the CFR, nor are they required to be published. This subchapter, which contains nine parts, is outdated and no longer in force. Therefore, this subchapter can be removed.