10 U.S.C. § 821
Art. 21. Jurisdiction of courts-martial not exclusive
The provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals. This section does not apply to a military commission established under chapter 47A of this title.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1953–2023 · leading case: Salim Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012).
Salim Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012). “” 10 U.S.C. § 821 . As punishment for his war crime, Hamdan was sentenced by the military commission to 66 months’ imprisonment, with credit for some time already served.”
Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014). “Two months after 9/11, President Bush invoked the AUMF and Article 21 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 821 (hereinafter “section 821”), to establish military commissions to try “member[s] of .”
Hamdan v. Rumsfeld, 548 U.S. 557 (2006). “” 10 U. S. C. §821 . I On September 11, 2001, agents of the al Qaeda terrorist organization hijacked commercial airplanes and attacked the *568 World Trade Center in New York City and the national headquarters of the Department of Defense in Arlington, Virginia.”
Ali Hamza Ahmad al Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016). “Those international law authorities were relevant for, among other things, determining whether the charged offenses could be tried by military commission under Article 15 of the Articles of War, which is present-day Article 21 of the Uniform Code of Military Justice, or 10…”
Ali Hamza Ahmad al Bahlul v. United States, 792 F.3d 1 (D.C. Cir. 2015). “” 10 U.S.C. § 821 (emphasis added). Because no statute on the books in 2001 allowed military commissions to try conspiracy, the en banc Court needed to determine whether that crime qualified as a “law of war” offense at that time and was thus triable by military commission.”
Hamdan, Salim Ahmed v. Rumsfeld, Donald H., 415 F.3d 33 (D.C. Cir. 2005). “II, § 2; Congress’s joint resolution authorizing the use of force; 10 U.S.C. § 821 ; and 10 U.S.C. § 836 . The last three are, of course, actions of Congress.”
Al-Bihani v. Obama, 619 F.3d 1 (D.C. Cir. 2010). “" 10 U.S.C. § 821 ; see Hamdan v. Rumsfeld, 548 U.”
Hamdan v. Rumsfeld, 344 F. Supp. 2d 152 (D.D.C. 2004). “Because Hamdan has not been determined by a competent tribunal to be an offender triable under the law of war, 10 U.S.C. § 821 , and because in any event the procedures established for the Military Commission by the President’s order are “contrary to or inconsistent” with those…”
United States v. Al Bahlul, 820 F. Supp. 2d 1141 (M.C. 2011). “" See 10 U.S.C. §§ 821 , 836, UCMJ, Act of May 5, 1950, ch.”
In Re Xe Servs. Alien Tort Litig., 665 F. Supp. 2d 569 (E.D. Va. 2009). “” 10 U.S.C. § 821 . Hamdan held that the petitioner had an enforceable right to challenge the trial procedures as contrary to the Geneva Conventions because Congress had implicitly incorporated the treaty’s provisions into the authorizing statute by referring to the law of war.”
Ali Hamza Ahmad al Bahlul v. United States, 77 F.4th 918 (D.C. Cir. 2023). “Bush designated Bahlul as eligible for trial by military commission under the 2001 Authorization for Use of Military Force (“AUMF”) and 10 U.S.C. § 821 . Military prosecutors charged Bahlul with 4 conspiracy to commit war crimes in 2004.”
United States v. Murphy, 30 M.J. 1040 (1990). “UCMJ articles 21, 22, 10 U.S.C. §§ 821 , 822 (1982); United States v.”
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