To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to provide standards for the use of military commissions for the trial of offenses under the law of war or in furtherance of international terrorism.
Military Commissions Act of 2005 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of international terrorism. Permits only the President, or a person designated by the President, to appoint such a commission. Requires a commission to consist of not less than three members and not more than seven members.
States that trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial.
Requires members of a military commission to deliberate and vote in closed conference.
Prohibits: (1) a military commission from finding a person guilty of an offense, and determining a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken; and (2) from sentencing a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence.
Sets forth other requirements relating to a commission, including requiring the accused in a military commission to be given specified minimum rights and protections.
Outlines procedures for, and courts of, appeal.
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
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