Unlawful Enemy Combantant

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Contents

Overview

The Military Commissions Act of 2006 gives the President and Secretary of Defense the authority to establish their own Tribunal of three individuals, who may be anyone as long as they're deemed competent by the above mentioned creators of said Tribunals. These “competent” Tribunals then have the unconstitutional authority to detain American Citizens for Combatant Status Review. If one of these Tribunals crafted by the President or Secretary of Defense deem the individual at question to be an “Unlawful Enemy Combatant”, they then have effectively stripped the Citizen their U.S. Citizenship. This is the point where the individual as an “Unlawful Enemy Combatant” without their constitutional rights as Citizens can be secretly detained, secretly judged and secretly executed.


Specific Text Of Interest

Below provided is the specific section of the Military Commissions Act of 2006 in question, you will find the relevant information contained in 948a (ii) and 948a (c) & (d).


The Military Commissions Act of 2006, Section 948a

‘‘§ 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.‘‘

The Military Commissions Act of 2006, Section 948d

‘‘§ 948d. Jurisdiction of military commissions ‘‘(a) JURISDICTION.—A military commission under this chapter shall have jurisdiction to try any offense made punishable by this chapter or the law of war when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001. ‘‘(b) LAWFUL ENEMY COMBATANTS.—Military commissions under this chapter shall not have jurisdiction over lawful enemy combatants. Lawful enemy combatants who violate the law of war are subject to chapter 47 of this title. Courts-martial established under that chapter shall have jurisdiction to try a lawful enemy combatant for any offense made punishable under this chapter. ‘‘(c) DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS DISPOSITIVE.—A finding, whether before, on, or after the date of the enactment of the Military Commissions Act of 2006, by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense that a person is an unlawful enemy combatant is dispositive for purposes of jurisdiction for trial by military commission under this chapter. ‘‘(d) PUNISHMENTS.—A military commission under this chapter may, under such limitations as the Secretary of Defense may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when authorized under this chapter or the law of war.

Sources

The Library of Congress - S-3930 / The Military Commissions Act of 2006