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The United States is disappointed by recent criticisms of the
newly enacted Military Commission Act from various European officials
and media outlets. Contrary to these criticisms, the rules governing
military commissions prescribed in this Act are fully consistent
with all U.S. international legal obligations, including Common
Article 3 of the Geneva Conventions. These commissions may only
be used to try those designated as unlawful enemy combatants,
a category of persons long recognized in international law including
by European scholars, and accused of a defined set of crimes.
These commissions include all fundamental due process guarantees,
including a presumption of innocence, the right to be present
throughout the trial and to see all evidence admitted at trial,
an absolute bar on the admission of statements obtained through
torture, and strict limits on the admission of coerced evidence.
Military commission convictions are also subject to review in
the U.S. federal courts. Some critics have also inaccurately asserted that the Military
Commission Act strips detainees at Guantanamo of the right to
contest the legal basis for their detention, which is the heart
of habeas corpus relief. In fact, Military Commission Act reaffirms
the Detainee Treatment Act of 2005, which vests in a federal appellate
court the authority to review enemy combatant determinations,
which comprise the legal basis for detention at Guantanamo. We would like to encourage those interested in these issues to
spend time reading and reviewing the Military Commissions Act,
and look forward to engaging in an informed and constructive dialogue
with our European partners on these issues. ###
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