U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47A— MILITARY COMMISSIONS › Subchapter SUBCHAPTER IV— TRIAL PROCEDURE

10 U.S.C. § 949m

Number of votes required

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(a)Conviction.—No person may be convicted by a military commission under this chapter of any offense, except as provided in section 949i(b) of this title or by concurrence of two-thirds of the primary members present at the time the vote is taken.(b)Sentences.—(1) Except as provided in paragraphs (2) and (3), sentences shall be determined by a military commission by the concurrence of two-thirds of the primary members present at the time the vote is taken.(2) No person may be sentenced to death by a military commission, except insofar as—(A) the penalty of death has been expressly authorized under this chapter, chapter 47 of this title, or the law of war for an offense of which the accused has been found guilty;(B) trial counsel expressly sought the penalty of death by filing an appropriate notice in advance of trial;(C) the accused was convicted of the offense by the concurrence of all the primary members present at the time the vote is taken, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title; and(D) all primary members present at the time the vote was taken on the sentence concurred in the sentence of death.(3) No person may be sentenced to life imprisonment, or to confinement for more than 10 years, by a military commission under this chapter except by the concurrence of three-fourths of the primary members present at the time the vote is taken.(4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.(c)Number of Members Required for Penalty of Death.—(1) Except as provided in paragraph (2), in a case in which the penalty of death is sought, the number of primary members of the military commission under this chapter shall be not less than 12 primary members.(2) In any case described in paragraph (1) in which 12 primary members are not reasonably available for a military commission because of physical conditions or military exigencies, the convening authority shall specify a lesser number of primary members for the military commission (but not fewer than 9 primary members), and the military commission may be assembled, and the trial held, with not less than the number of primary members so specified. In any such case, the convening authority shall make a detailed written statement, to be appended to the record, stating why a greater number of primary members were not reasonably available.(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2589; amended Pub. L. 112–81, div. A, title X, § 1030(a), Dec. 31, 2011, 125 Stat. 1570; Pub. L. 113–66, div. A, title X, § 1031(c), Dec. 26, 2013, 127 Stat. 850.)Editorial NotesPrior Provisions

A prior section 949m, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2616, related to number of votes required for conviction and sentences and number of members required on military commission for penalty of death, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2013—Pub. L. 113–66, § 1031(c)(1), inserted “primary” before “members” wherever appearing.

Subsec. (b)(4). Pub. L. 113–66, § 1031(c)(2), added par. (4).

2011—Subsec. (b)(2)(C). Pub. L. 112–81, § 1030(a)(1), inserted before semicolon “, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title”.

Subsec. (b)(2)(D). Pub. L. 112–81, § 1030(a)(2), inserted “on the sentence” after “vote was taken”.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2014–2025 · 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× “Further, the 2006 MCA requires a 12-member military commission if the death penalty is sought, see 10 U.S.C. § 949m(c), and Bahlul’s commission had only nine members, see Trial Tr.”
Baker v. Spath, No. 2017-2311 (D.D.C. June 18, 2018). “A does say that, just not in those exact words By making 25 contempt an offense triable by a military commission, and by requiring convictions for any offense to be made “by concurrence of two-thirds of the primary members present at the time” a vote is taken, Chapter 47A makes…”
In re Encep Nurjaman, No. 23-1294 (D.C. Cir. June 28, 2024). “See 10 U.S.C. § 949m(a); see also id. § 949m(b) (requiring higher voting thresholds for certain sentences); id.”
In re United States of Am., 143 F.4th 411 (D.C. Cir. 2025). “10 U.S.C. § 949m(b); Trial Tr. 51686:3– 15, Jan.”
In re United States of Am., 143 F.4th 411 (D.C. Cir. 2025). “10 U.S.C. § 949m(b); Trial Tr. 51686:3– 15, Jan.”
Ali Hamza Ahmad al Bahlul v. United States, No. 11-1324 (D.C. Cir. July 14, 2014). “Further, the 2006 MCA requires a 12-member military commission if the death penalty is sought, see 10 U.S.C. § 949m(c), and Bahlul’s commission had only nine members, see Trial Tr.”
10 U.S.C. § 949m(a): 2 cases
Baker v. Spath, No. 2017-2311 (D.D.C. June 18, 2018). “A does say that, just not in those exact words By making 25 contempt an offense triable by a military commission, and by requiring convictions for any offense to be made “by concurrence of two-thirds of the primary members present at the time” a vote is taken, Chapter 47A makes…”
In re Encep Nurjaman, No. 23-1294 (D.C. Cir. June 28, 2024). “See 10 U.S.C. § 949m(a); see also id. § 949m(b) (requiring higher voting thresholds for certain sentences); id.”
10 U.S.C. § 949m(b): 2 cases
In re United States of Am., 143 F.4th 411 (D.C. Cir. 2025). “10 U.S.C. § 949m(b); Trial Tr. 51686:3– 15, Jan.”
In re United States of Am., 143 F.4th 411 (D.C. Cir. 2025). “10 U.S.C. § 949m(b); Trial Tr. 51686:3– 15, Jan.”
10 U.S.C. § 949m(c): 2 cases
Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014). “Further, the 2006 MCA requires a 12-member military commission if the death penalty is sought, see 10 U.S.C. § 949m(c), and Bahlul’s commission had only nine members, see Trial Tr.”
Ali Hamza Ahmad al Bahlul v. United States, No. 11-1324 (D.C. Cir. July 14, 2014). “Further, the 2006 MCA requires a 12-member military commission if the death penalty is sought, see 10 U.S.C. § 949m(c), and Bahlul’s commission had only nine members, see Trial Tr.”
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