10 U.S.C. § 948c

Persons subject to military commissions

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Any alien unprivileged enemy belligerent is subject to trial by military commission as set forth in this chapter.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2011–2022 · leading case: Ali Hamza Ahmad al Bahlul v. United States, 792 F.3d 1 (D.C. Cir. 2015).
Ali Hamza Ahmad al Bahlul v. United States, 792 F.3d 1 (D.C. Cir. 2015). · cites it 2× “10 U.S.C. § 948c (2006). He contends that his conviction of conspiracy to commit war crimes, 10 U.”
In Re: Abd Al-Rahim Hussein Al-Nashir, 835 F.3d 110 (D.C. Cir. 2016). · cites it 2× “10 U.S.C. § 948c. Instead, he argues that the offenses for which he has been charged are not triable by a military commission under the MCA because they were not “committed in the context of and associated with hostilities.”
United States v. Witt, 73 M.J. 738 (A.F.C.C.A. 2014). · cites it 2× “10 U.S.C. §§ 948c, 949a(b)(2). A learned counsel is defined as “[a] military or civilian counsel, experienced in capital litigation, appointed under the provisions of 10 U.”
Al-Baluchi v. Esper, 392 F. Supp. 3d 46 (D.C. Cir. 2019). “See 10 U.S.C. § 948c. 16 Whether a defendant is a civilian or a member of the military is a legal inquiry directly imposed by statute.”
Abd Al-Nashiri v. Bruce MacDonald, 741 F.3d 1002 (9th Cir. 2013). “Cole bombing in which he stated that "even when America is not at war, the men and women of our military risk their lives every day” and that "[n]o one should think for a moment that the strength of our military is less important in times of peace”); Letter to Congressional…”
Al-Nashiri v. Obama, 76 F. Supp. 3d 218 (D.D.C. 2014). · cites it 2× “10 U.S.C. § 948c (“Any alien unprivileged enemy belligerent is subject to trial by military commission”).”
United States v. Hamdan, 801 F. Supp. 2d 1247 (M.C. 2011). “10 U.S.C. § 948c reads, "[a]ny alien unlawful enemy combatant is subject to trial by military commission under this chapter.”
Hedges v. Obama, 890 F. Supp. 2d 424 (S.D.N.Y. 2012). “” 10 U.S.C. § 948c. Although al-Bihani was detained prior to the passage of the 2006 MCA, the Court declined to ground his detention in the AUMF (based on the overly-broad interpretation of the Government’s detention authority) and instead referred to the MCA (though the MCA…”
Bin Lep v. Trump (D.D.C. 2022). · cites it 3× “¶ 78 (quoting 10 U.S.C. § 948c). Bin Lep’s fifth claim is that he is not an alien unprivileged enemy belligerent as defined by 10 U.”
Al-Baluchi v. Gates (D.D.C. 2019). “See 10 U.S.C. §948c. 16 Whether a defendant is a civilian or a member of the military is a legal inquiry directly imposed by statute.”
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