Military Commissions Act of 2006
The Military Commissions Act of 2006 is a significant piece of legislation enacted in the context of the U.S. government's response to the War on Terror following the September 11, 2001 attacks. This act formalized the authority granted to the President to detain and try individuals suspected of terrorism as "enemy combatants" in military commissions rather than in federal courts. It emerged in response to a Supreme Court ruling that emphasized the need for statutory authority for such military trials. The act established regulations regarding the charges that could be brought against detainees, which included serious offenses like material support for terrorism and war crimes, and notably allowed for indefinite detention without habeas corpus rights.
Most detainees under the act were held at the Guantánamo Bay facility, which became a focal point for debates surrounding human rights and due process. Critics raised concerns that the act undermined fair trial rights and allowed for prolonged detention without trial, leading to ongoing legal and ethical discussions. The act was later amended in 2009, reflecting ongoing efforts to address these civil rights concerns while still focusing on national security. Overall, the Military Commissions Act of 2006 represents a complex intersection of legal authority, national security, and the treatment of individuals in the context of terrorism.
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Military Commissions Act of 2006
Date: Signed on October 17, 2006
Also Known As: MCA
In the War on Terrorism, President George W. Bush determined that, in order to effectively combat al-Qaeda, those individuals captured on suspicion of helping that group should be detained and tried as enemy combatants. The Military Commissions Act of 2006 formally allowed the president to carry out this policy.
After the al-Qaeda–backed September 11, 2001, terrorist attacks, President George W. Bush and his administration realized that the nation was facing a new type of enemy. Al-Qaeda did not represent a single nation or government but had members and supporters around the world. With the goal of protecting national security, Bush exercised what he saw as his constitutionally granted executive powers to identify al-Qaeda members as “enemy combatants” and to detain and try them as such in a military commission (court). In 2006, the Supreme Court determined that the Bush administration needed statutory authority to carry out this policy. Congress responded during the same year by passing the Military Commissions Act (MCA).
The MCA generated regulations pertaining to the detention and military trial of such combatants. The charges included material support for terrorism, conspiracy, and participating in war crimes. Unlike in the federal criminal court system, cases did not require a writ of habeas corpus (which permits a judge to review a case on the merits of the evidence against the suspect) before proceeding to the commission.
Most of the individuals detained under the MCA were sent to a special holding facility at Guantánamo Bay, Cuba. Those suspects could be held indefinitely while they awaited trial. The MCA did, however, apply the Fifth Amendment to the detainees, ensuring that they would not be deprived of life, liberty, or property without due process. The MCA also paid deference to the provisions of the Geneva Conventions as well, although neither the United States nor international codes had yet applied its definitions (traditionally referring to military combatants) to terrorists.
Impact
The MCA was a controversial element in the war on terrorism. Civil rights advocates argued that it essentially stripped suspects of their right to a fair trial. They also complained about the length of pretrial detentions at Guantánamo Bay and a perceived lack of humanitarian treatment of detainees there. After his 2009 inauguration, President Barack Obama put a temporary hold on the military commissions in order to review them. In 2009, Congress amended the MCA by passing the Military Commissions Act of 2009, which was signed by President Obama on October 24 of that year. The amendment made a number of key changes to the original act with regard to prisoner rights and the efficiency of the trial process, although the facility in Guantánamo Bay remained operational.
Bibliography
Bravin, Jess. The Terror Courts: Rough Justice at Guantanamo Bay. New Haven: Yale UP, 2013. Print.
Cucullu, Gordon. Inside Gitmo: The True Story behind the Myths of Guantanamo Bay. New York: Collins, 2009. Print.
Elsea, Jennifer K. “Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court.” CRS Report for Congress. Washington, DC: CRS/Lib. of Cong., 9 May 2012. PDF file.
Elsea, Jennifer K. “The Military Commissions Act of 2006: Background and Proposed Amendments.” CRS Report for Congress. Washington, DC: CRS/Lib. of Cong., 11 Aug. 2009. PDF file.
Richey, Warren. “Obama Endorses Military Commissions for Guantánamo Detainees.” Christian Science Monitor. Christian Science Monitor, 29 Oct. 2009. Web. 11 Dec. 2012.