Military Commissions Review Panel
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| Military Commissions Review Panel | |
|---|---|
| Name | Military Commissions Review Panel |
| Formed | 2009 |
| Jurisdiction | United States |
| Headquarters | Washington, D.C. |
| Chief1 name | [Position Vacant] |
| Parent agency | Department of Defense |
Military Commissions Review Panel The Military Commissions Review Panel is an appellate body created to review determinations and sentences from military commissions established to try alleged unlawful enemy combatants and related detainees, interacting with institutions such as the Department of Defense, the United States Congress, the United States Court of Appeals for the District of Columbia Circuit, the Supreme Court of the United States, and the Office of the Secretary of Defense. It operates within the post‑9/11 attacks legal architecture alongside entities like the Guantanamo Bay detention camp, the Judge Advocate General's Corps (United States Navy), and the United States Attorney General.
Background and Establishment
The panel was formed in the aftermath of decisions such as Hamdan v. Rumsfeld and legislative responses including the Military Commissions Act of 2006 and the Military Commissions Act of 2009, following controversies involving detainees at Guantanamo Bay detention camp, prosecutions like United States v. Khalid Sheikh Mohammed (2008) and guidance from the United States Court of Appeals for the D.C. Circuit and the Supreme Court of the United States. Its creation responded to critiques from figures including Senator John McCain, Representative Jane Harman, and legal scholars such as John Yoo and Jack Goldsmith, and to reports by commissions including the National Commission on Terrorist Attacks Upon the United States and panels associated with the American Bar Association. Influences from comparative systems such as the International Criminal Court, the European Court of Human Rights, and the Special Court for Sierra Leone informed procedural design.
Structure and Membership
The panel is composed of senior military judges and civilian appointees drawn from institutions like the United States Naval Academy, the United States Military Academy, the United States Air Force Academy, and the United States Court of Appeals for the Armed Forces. Members have included judges with backgrounds in the United States District Court for the District of Columbia, the United States Court of Appeals for the Armed Forces, and the United States Court of Appeals for the Federal Circuit, and practitioners from the Federal Public Defender community and agencies like the Central Intelligence Agency and the Federal Bureau of Investigation. Leadership often coordinates with the Office of Military Commissions and the Secretary of Defense while interacting with advocacy organizations such as Amnesty International, Human Rights Watch, and the American Civil Liberties Union.
Mandate and Jurisdiction
The panel's mandate covers review of legal sufficiency, findings of fact, and sentencing determinations arising from commissions established under the Uniform Code of Military Justice and the Military Commissions Acts, subject to statutory oversight by the United States Congress and judicial review by the United States Court of Appeals for the D.C. Circuit and ultimately the Supreme Court of the United States. It exercises authority over matters involving alleged violations of treaties such as the Geneva Conventions and statutes including the Alien Tort Statute, and interfaces with executive directives from the President of the United States and opinions from the Department of Justice’s Office of Legal Counsel.
Procedures and Operations
The panel follows appellate procedures influenced by precedents from the Uniform Code of Military Justice, decisions of the United States Court of Military Commission Review, and rulings such as Hamdan v. Rumsfeld and Boumediene v. Bush. Proceedings consider submissions from defense counsel drawn from organizations like the Federal Public Defender, private bar members from firms that have included partners formerly at Covington & Burling and Sidley Austin, and government counsel from the United States Department of Justice and the Office of Military Commissions Trial Counsel. Evidence rules reflect considerations of classified material overseen by mechanisms akin to the Classified Information Procedures Act and protective measures similar to those used by the Foreign Intelligence Surveillance Court. Hearings may involve testimony from individuals tied to operations in Afghanistan, Iraq, Yemen, and Pakistan and rely on expert witnesses affiliated with institutions such as Georgetown University, Harvard Law School, and Yale Law School.
Notable Cases and Decisions
The panel reviewed high‑profile matters connected to prosecutions of alleged conspirators in the September 11 attacks including issues tied to detainees linked to Khalid Sheikh Mohammed, Abu Zubaydah, and Ramzi bin al‑Shibh. Decisions addressed admissibility of evidence obtained through interrogation programs of the Central Intelligence Agency and debated legal standards articulated by judges from the United States Court of Appeals for the D.C. Circuit and cited scholarship by figures like Barton Gellman and Jane Mayer. The panel’s rulings influenced outcomes in cases related to detainees transferred from Afghanistan and affected sentencing in matters resonant with prosecutions under statutes such as the War Crimes Act.
Legal Controversies and Criticism
The panel attracted criticism from legal academics including Cass Sunstein, Erwin Chemerinsky, and Akbar Ahmed and from non‑governmental organizations like Human Rights Watch and Amnesty International over concerns about the handling of classified evidence, standards derived from the Military Commissions Act of 2006, and compatibility with obligations under the Geneva Conventions and international instruments such as the International Covenant on Civil and Political Rights. Debates engaged commentators at publications like the New York Times, Washington Post, Wall Street Journal, and engaged congressional oversight by committees such as the Senate Armed Services Committee and the House Judiciary Committee.
Reforms and Legacy
Reforms proposed by administrations of George W. Bush and Barack Obama and evaluated by advisory bodies including the American Bar Association and commissions such as the National Defense Authorization Act’s review panels led to modifications in appellate procedures, standards for classified evidence, and greater oversight by civilian courts like the United States Court of Appeals for the D.C. Circuit. The panel’s legacy continues in debates over accountability traceable to cases adjudicated at Guantanamo Bay detention camp and its influence on comparative tribunals including the Extraordinary Chambers in the Courts of Cambodia and reforms inspired by reports from the International Committee of the Red Cross and the United Nations Human Rights Council.