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The Manual for Military Commissions (January 18, 2007) Military Commissions Act of 2006 [i] (January 18, 2007)

handle is hein.leghis/mca0004 and id is 1 raw text is: The Manual for Military Commissions

Executive Summary
January 18, 2007
Today, the Secretary of Defense is submitting to Congress a comprehensive
Manual for the full and fair prosecution of alien unlawful enemy combatants by military
commissions, in accordance with the Military Commissions Act of 2006. The Manual is
made up of four separate sections: The Preamble, The Rules for Military Commissions,
the Military Commission Rules of Evidence, and the Crimes and Elements. The Rules for
Military Commissions set forth the procedural rules for Military Commissions. The
Military Commission Rules of Evidence provide evidentiary rules to govern the
admissibility of evidence at trial. The Crimes and Elements section lays out the crimes
punishable by Military Commission and the elements of those crimes.
This Manual is the product of a tremendous interagency effort. Principally
military judge advocates and attorneys from the Departments of Defense and Justice,
using the Manual for Courts-Martial as a guide, undertook the initial drafting. Drafts
were then coordinated with other relevant agencies to ensure that specific rules and
procedures reflect careful consideration of our nation's intelligence activities, as called
for in the MCA. The overriding considerations reflected in the Manual for Military
Commissions are fairness and fidelity to the Military Commissions Act of 2006. It is
intended to ensure that alien unlawful enemy combatants who are suspected of war
crimes and certain other offenses are prosecuted before regularly constituted courts
affording all the judicial guarantees which are recognized as indispensable by civilized
people. This Manual will have an historic impact for our military and our country.

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