10 U.S.C. § 948i

Who may serve on military commissions

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(a)In General.—Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty.(b)Detail of Members.—When convening a military commission under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a military commission when such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case.(c)Excuse of Members.—Before a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case.(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2576.)Editorial NotesPrior Provisions

A prior section 948i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to who may serve on military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.

Notes of Decisions

Cited in 5 cases, 2008–2020 · leading case: Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014).

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Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014). · cites it 2× “10 U.S.C. §§ 948i, 948m. A military judge presides over the trial.”

Ali Hamza Ahmad al Bahlul v. United States, 967 F.3d 858 (D.C. Cir. 2020). · cites it 2× “” 10 U.S.C. §§ 948i(a), 948j(b), 949b(b) (2006).”

Hamdan v. Gates, 565 F. Supp. 2d 130 (D.D.C. 2008). “” Under the Act, a military commission is made up of at least five officers, 10 U.S.C. §§ 948i, 948m, and is presided over by a military judge, 10 U.”

Al-Nashiri v. Obama, 76 F. Supp. 3d 218 (D.D.C. 2014). “10 U.S.C. §§ 948i, 950b. 3 . Because the respondents’ motion to stay will be granted,’ Al Nashiri’s motion for a preliminary injunction will be denied as moot.”

Ali Hamza Ahmad al Bahlul v. United States (D.C. Cir. 2014). “10 U.S.C. §§ 948i, 948m. A military judge presides over the trial.”

— 10 U.S.C. § 948i(a) — 1 case

Ali Hamza Ahmad al Bahlul v. United States, 967 F.3d 858 (D.C. Cir. 2020). “” 10 U.S.C. §§ 948i(a), 948j(b), 949b(b) (2006).”

— 10 U.S.C. § 948i(b) — 1 case

Ali Hamza Ahmad al Bahlul v. United States, 967 F.3d 858 (D.C. Cir. 2020). “” 10 U.S.C. §§ 948i(a), 948j(b), 949b(b) (2006).”

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