10 U.S.C. § 950t

Crimes triable by military commission

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The following offenses shall be triable by military commission under this chapter at any time without limitation:(1)Murder of protected persons.—Any person subject to this chapter who intentionally kills one or more protected persons shall be punished by death or such other punishment as a military commission under this chapter may direct.(2)Attacking civilians.—Any person subject to this chapter who intentionally engages in an attack upon a civilian population as such, or individual civilians not taking active part in hostilities, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(3)Attacking civilian objects.—Any person subject to this chapter who intentionally engages in an attack upon a civilian object that is not a military objective shall be punished as a military commission under this chapter may direct.(4)Attacking protected property.—Any person subject to this chapter who intentionally engages in an attack upon protected property shall be punished as a military commission under this chapter may direct.(5)Pillaging.—Any person subject to this chapter who intentionally and in the absence of military necessity appropriates or seizes property for private or personal use, without the consent of a person with authority to permit such appropriation or seizure, shall be punished as a military commission under this chapter may direct.(6)Denying quarter.—Any person subject to this chapter who, with effective command or control over subordinate groups, declares, orders, or otherwise indicates to those groups that there shall be no survivors or surrender accepted, with the intent to threaten an adversary or to conduct hostilities such that there would be no survivors or surrender accepted, shall be punished as a military commission under this chapter may direct.(7)Taking hostages.—Any person subject to this chapter who, having knowingly seized or detained one or more persons, threatens to kill, injure, or continue to detain such person or persons with the intent of compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(8)Employing poison or similar weapons.—Any person subject to this chapter who intentionally, as a method of warfare, employs a substance or weapon that releases a substance that causes death or serious and lasting damage to health in the ordinary course of events, through its asphyxiating, bacteriological, or toxic properties, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(9)Using protected persons as a shield.—Any person subject to this chapter who positions, or otherwise takes advantage of, a protected person with the intent to shield a military objective from attack, or to shield, favor, or impede military operations, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(10)Using protected property as a shield.—Any person subject to this chapter who positions, or otherwise takes advantage of the location of, protected property with the intent to shield a military objective from attack, or to shield, favor, or impede military operations, shall be punished as a military commission under this chapter may direct.(11)Torture.—(A)Offense.—Any person subject to this chapter who commits an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(B)Severe mental pain or suffering defined.—In this paragraph, the term “severe mental pain or suffering” has the meaning given that term in section 2340(2) of title 18.(12)Cruel or inhuman treatment.—Any person subject to this chapter who subjects another person in their custody or under their physical control, regardless of nationality or physical location, to cruel or inhuman treatment that constitutes a grave breach of common Article 3 of the Geneva Conventions shall be punished, if death results to the victim, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to the victim, by such punishment, other than death, as a military commission under this chapter may direct.(13)Intentionally causing serious bodily injury.—(A)Offense.—Any person subject to this chapter who intentionally causes serious bodily injury to one or more persons, including privileged belligerents, in violation of the law of war shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(B)Serious bodily injury defined.—In this paragraph, the term “serious bodily injury” means bodily injury which involves—(i) a substantial risk of death;(ii) extreme physical pain;(iii) protracted and obvious disfigurement; or(iv) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.(14)Mutilating or maiming.—Any person subject to this chapter who intentionally injures one or more protected persons by disfiguring the person or persons by any mutilation of the person or persons, or by permanently disabling any member, limb, or organ of the body of the person or persons, without any legitimate medical or dental purpose, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(15)Murder in violation of the law of war.—Any person subject to this chapter who intentionally kills one or more persons, including privileged belligerents, in violation of the law of war shall be punished by death or such other punishment as a military commission under this chapter may direct.(16)Destruction of property in violation of the law of war.—Any person subject to this chapter who intentionally destroys property belonging to another person in violation of the law of war shall be punished as a military commission under this chapter may direct.(17)Using treachery or perfidy.—Any person subject to this chapter who, after inviting the confidence or belief of one or more persons that they were entitled to, or obliged to accord, protection under the law of war, intentionally makes use of that confidence or belief in killing, injuring, or capturing such person or persons shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(18)Improperly using a flag of truce.—Any person subject to this chapter who uses a flag of truce to feign an intention to negotiate, surrender, or otherwise suspend hostilities when there is no such intention shall be punished as a military commission under this chapter may direct.(19)Improperly using a distinctive emblem.—Any person subject to this chapter who intentionally uses a distinctive emblem recognized by the law of war for combatant purposes in a manner prohibited by the law of war shall be punished as a military commission under this chapter may direct.(20)Intentionally mistreating a dead body.—Any person subject to this chapter who intentionally mistreats the body of a dead person, without justification by legitimate military necessary, shall be punished as a military commission under this chapter may direct.(21)Rape.—Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct.(22)Sexual assault or abuse.—Any person subject to this chapter who forcibly or with coercion or threat of force engages in sexual contact with one or more persons, or causes one or more persons to engage in sexual contact, shall be punished as a military commission under this chapter may direct.(23)Hijacking or hazarding a vessel or aircraft.—Any person subject to this chapter who intentionally seizes, exercises unauthorized control over, or endangers the safe navigation of a vessel or aircraft that is not a legitimate military objective shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(24)Terrorism.—Any person subject to this chapter who intentionally kills or inflicts great bodily harm on one or more protected persons, or intentionally engages in an act that evinces a wanton disregard for human life, in a manner calculated to influence or affect the conduct of government or civilian population by intimidation or coercion, or to retaliate against government conduct, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(25)Providing material support for terrorism.—(A)Offense.—Any person subject to this chapter who provides material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of terrorism (as set forth in paragraph (24) of this section), or who intentionally provides material support or resources to an international terrorist organization engaged in hostilities against the United States, knowing that such organization has engaged or engages in terrorism (as so set forth), shall be punished as a military commission under this chapter may direct.(B)Material support or resources defined.—In this paragraph, the term “material support or resources” has the meaning given that term in section 2339A(b) of title 18.(26)Wrongfully aiding the enemy.—Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.(27)Spying.—Any person subject to this chapter who, in violation of the law of war and with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign power, collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished by death or such other punishment as a military commission under this chapter may direct.(28)Attempts.—(A)In general.—Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a military commission under this chapter may direct.(B)Scope of offense.—An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.(C)Effect of consummation.—Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.(29)Conspiracy.—Any person subject to this chapter who conspires to commit one or more substantive offenses triable by military commission under this subchapter, and who knowingly does any overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct.(30)Solicitation.—Any person subject to this chapter who solicits or advises another or others to commit one or more substantive offenses triable by military commission under this chapter shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, shall be punished as a military commission under this chapter may direct.(31)Contempt.—A military commission under this chapter may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder.(32)Perjury and obstruction of justice.—A military commission under this chapter may try offenses and impose such punishment as the military commission may direct for perjury, false testimony, or obstruction of justice related to the military commission.(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2607; amended Pub. L. 115–232, div. A, title X, § 1081(a)(12), Aug. 13, 2018, 132 Stat. 1983.)Editorial NotesPrior Provisions

Prior sections 950t to 950w were omitted in the general amendment of this chapter by Pub. L. 111–84.

Section 950t, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2625, related to attempts to commit any offense punishable by this chapter.

Section 950u, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2625, related to solicitation.

Section 950v, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2625, related to definitions, construction, and crimes triable by military commissions.

Section 950w, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2630, related to perjury, obstruction of justice, and contempt.

Amendments

2018—Par. (9). Pub. L. 115–232, § 1081(a)(12)(A), substituted “attack, or” for “attack. or”.

Par. (16). Pub. L. 115–232, § 1081(a)(12)(B), substituted “shall be punished” for “shall punished”.

Par. (22). Pub. L. 115–232, § 1081(a)(12)(C), inserted period at end.

Notes of Decisions

Cited in 18 cases (5 in the last 5 years), 2012–2025 · leading case: Ali Hamza Ahmad al Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016).

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Ali Hamza Ahmad al Bahlul v. United States, 840 F.3d 757 (D.C. Cir. 2016). · cites it 4× “States designated a foreign terrorist organization, earmarked for training in human-rights advocacy that the donors hope will turn the organization away from terrorist activities? Could the three be shipped off to a military base and tried for material support for terrorism—an…”

Al-Baluchi v. Esper, 392 F. Supp. 3d 46 (D.C. Cir. 2019). · cites it 10× “al-Baluchi of nine crimes triable by military commission pursuant to 10 U.S.C. § 950t. See 2012 Charge Sheet at 13-15, 17-36, 117-19.”

Ali Hamza Ahmad al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014). · cites it 3× “The 2006 MCA specifically enumerated 30 war 6 crimes triable by military commission, see 10 U.S.C. §§ 950t– 950v (2006),1 and conferred jurisdiction on military commissions to try “any offense made punishable by this chapter or the law of war when committed by an alien unlawful…”

Salim Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012). · cites it 6× “at 2630 (now codified at 10 U.S.C. § 950t). Hamdan argues that Congress lacked authority under Article I of the Constitution – namely, the Define and Punish Clause – to define material support for terrorism as a war crime subject to trial by a U.”

United States v. Al-Nashiri, 191 F. Supp. 3d 1308 (M.C. 2016). · cites it 8× “The Specification of Charge VII (Attacking Civilians), in violation of 10 U.S.C. § 950t(2), 12 states: In that Abd al Rahim Hussayn Muhammad al NASHIRI (See Appendix A for a list of aliases), an alien unprivileged enemy belligerent subject to trial by military commission, did,…”

In re: Omar Khadr, 823 F.3d 92 (D.C. Cir. 2016). “See 10 U.S.C. § 950t(25), (29). In 2010, the United States and Khadr reached a plea agreement.”

United States v. Al-Nashiri, 222 F. Supp. 3d 1093 (M.C. 2016). · cites it 3× “Statement of Facts On September 28, 2011, the Convening Authority referred six charges and seven specifications for trial by a capital military commission pertaining to the explosion in the vicinity of the USS COLE: (I) using treachery or perfidy, 10 U.S.C. § 950t(17); (II)…”

Al Bahlul v. United States, 374 F. Supp. 3d 1250 (Regl. Rail Reorg. Act 2019). “Title 10 U.S.C. § 950t(1) (2009) punishes "murder of protected persons" with "death or such other punishment as a military commission under this chapter may direct.”

United States v. Al Qosi, 28 F. Supp. 3d 1198 (M.C. 2014). “POLLARD, Judge: On July 7, 2010, Ibrahim Ahmed Mah-moud al Qosi (“Al Qosi”), in accordance with a written pretrial agreement, pleaded guilty to and was found guilty by a military commission of conspiracy to commit terrorism and provide material support for terrorism, and the…”

Al-Baluchi v. Gates (D.D.C. 2019). · cites it 9× “al-Baluchi was charged with conspiracy under 10 USC § 950t(29), attacking civilians under 10 USC § 950t(2), attacking civilian objects under 10 USC § 950t(3), intentionally causing serious bodily injury under 10 USC § 950t(13), murder in violation of the law of war under 10 USC…”

Baker v. Spath (D.D.C. 2018). · cites it 4× “That his actions at the October 27, 2017, hearing do not meet the statutory definition of contempt set forth in 10 U.S.C § 950t(3 l); 2. That Judge Spath, as a military judge, had no authority to unilaterally impose a contempt finding; ' 3.”

Ali Hamza Ahmad al Bahlul v. United States (D.C. Cir. 2014). · cites it 2× “The 2006 MCA specifically enumerated 30 war 6 crimes triable by military commission, see 10 U.S.C. §§ 950t– 950v (2006),1 and conferred jurisdiction on military commissions to try “any offense made punishable by this chapter or the law of war when committed by an alien unlawful…”

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— 10 U.S.C. § 950t(1) — 1 case

— 10 U.S.C. § 950t(13) — 3 cases