10 U.S.C. § 948h
Who may convene military commissions
Military commissions under this chapter may be convened by the Secretary of Defense or by any officer or official of the United States designated by the Secretary for that purpose.
Notes of Decisions
Cited in 11
cases (5 in the last 5 years), 2010–2025 · leading case: Ali Hamza Ahmad al Bahlul v. United States, 967 F.3d 858 (D.C. Cir. 2020).
Ali Hamza Ahmad al Bahlul v. United States, 967 F.3d 858 (D.C. Cir. 2020). “” 10 U.S.C. § 948h. In a number of provisions, the 2006 MCA refers 1 Congress amended the 2006 MCA three years later.”
Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014). “” 10 U.S.C. § 948h. Crawford, a former judge of the United States Court of Appeals for the Armed Forces, was so designated by the Defense Secretary.”
In re: Mary E. Spears & Rosa A. Eliades, 921 F.3d 224 (D.C. Cir. 2019). “The MCA gives the Secretary of Defense, not the Attorney General, authority to convene military commissions, see 10 U.S.C. § 948h, and as a formal matter, "trial counsel of a military commission .”
Ctr. for Constitutional Rights v. Cent. Intelligence Agency, 765 F.3d 161 (2d Cir. 2014). “” 10 U.S.C. § 948h. The Convening Authority is an individual "empowered [by the Secretary of Defense] to convene military commissions [and] refer charges to trial.”
Obaydullah v. Obama, 609 F.3d 444 (D.C. Cir. 2010). “10 U.S.C. § 948h; Rules 401(b), 407, 601.”
Ali Hamza Ahmad al Bahlul v. United States, 77 F.4th 918 (D.C. Cir. 2023). “See 10 U.S.C. §§ 948h, 948i. It is those functions that Bahlul appears to challenge in this case, claiming that the military commission that tried him was improperly convened by Crawford and so lacked jurisdiction.”
Omar Khadr v. United States, 67 F.4th 413 (D.C. Cir. 2023). “” 10 U.S.C. § 948h. The official, usually referred to as the “convening authority,” details the commission’s members, refers charges to the commission and reviews any conviction and sentence imposed by the commission.”
Kennedy v. Braidwood Mgmt., Inc. (2025). “3d 858 , 863, 873–874 (CADC 2020) (holding that statute permitting the Secretary of Defense to “designate” an officer responsible for convening military commissions vested the Secretary with authority to “appoint” the convening officer (quoting 10 U. S. C. §948h)); post, at 11…”
Ali Hamza Ahmad al Bahlul v. United States (D.C. Cir. 2023). “See 10 U.S.C. §§ 948h, 948i. It is those functions that Bahlul appears to challenge in this case, claiming that the military commission that tried him was improperly convened by Crawford and so lacked jurisdiction.”
In re: Encep Nurjaman (D.C. Cir. 2024). “Regulation for Trial by Military Commission 3-3(a) (2011); see 10 U.S.C. § 948h. This evidence is referred to as a “referral binder[.”
Ali Hamza Ahmad al Bahlul v. United States (D.C. Cir. 2014). “” 10 U.S.C. § 948h. Crawford, a former judge of the United States Court of Appeals for the Armed Forces, was so designated by the Defense Secretary.”
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