‘‘(d) SUPREME COURT.—The Supreme Court may re-
view by writ of certiorari the final judgment of the Court 
of Appeals pursuant to section 1257 of title 28. 
‘‘§ 950h. Appellate counsel 
‘‘(a) APPOINTMENT.—The Secretary of Defense 
shall, by regulation, establish procedures for the appoint-
ment of appellate counsel for the United States and for 
the accused in military commissions under this chapter. 
Appellate counsel shall meet the qualifications for counsel 
appearing before military commissions under this chapter. 
‘‘(b) REPRESENTATION OF UNITED STATES.—Appel-
late counsel appointed under subsection (a)—
‘‘(1) shall represent the United States in any 
appeal or review proceeding under this chapter be-
fore the Court of Military Commission Review; and 
‘‘(2) may, when requested to do so by the At-
torney General in a case arising under this chapter, 
represent the United States before the United States 
Court of Appeals for the District of Columbia Cir-
cuit or the Supreme Court. 
‘‘(c) REPRESENTATION OF ACCUSED.—The accused 
shall be represented by appellate counsel appointed under 
subsection (a) before the Court of Military Commission 
Review, the United States Court of Appeals for the Dis-
trict of Columbia Circuit, and the Supreme Court, and by
civilian counsel if retained by the accused. Any such civil-
ian counsel shall meet the qualifications under paragraph 
(3) of section 949c(b) of this title for civilian counsel ap-
pearing before military commissions under this chapter 
and shall be subject to the requirements of paragraph (4) 
of that section. 
‘‘§ 950i. Execution of sentence; procedures for execu-
tion of sentence of death 
‘‘(a) IN GENERAL.—The Secretary of Defense is au-
thorized to carry out a sentence imposed by a military 
commission under this chapter in accordance with such 
procedures as the Secretary may prescribe. 
‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY 
UPON APPROVAL BY THE PRESIDENT.—If the sentence 
of a military commission under this chapter extends to 
death, that part of the sentence providing for death may 
not be executed until approved by the President. In such 
a case, the President may commute, remit, or suspend the 
sentence, or any part thereof, as he sees fit. 
‘‘(c) EXECUTION OF SENTENCE OF DEATH ONLY 
UPON
FINAL
JUDGMENT
OF
LEGALITY
OF
PRO-
CEEDINGS.—(1) If the sentence of a military commission 
under this chapter extends to death, the sentence may not 
be executed until there is a final judgment as to the legal-
ity of the proceedings (and with respect to death, approval 
under subsection (b)). 
‘‘(2) A judgment as to legality of proceedings is final 
for purposes of paragraph (1) when—
‘‘(A) the time for the accused to file a petition 
for review by the Court of Appeals for the District 
of Columbia Circuit has expired and the accused has 
not filed a timely petition for such review and the 
case is not otherwise under review by that Court; or 
‘‘(B) review is completed in accordance with the 
judgment of the United States Court of Appeals for 
the District of Columbia Circuit and—
‘‘(i) a petition for a writ of certiorari is not 
timely filed; 
‘‘(ii) such a petition is denied by the Su-
preme Court; or 
‘‘(iii) review is otherwise completed in ac-
cordance with the judgment of the Supreme 
Court. 
‘‘(d) SUSPENSION OF SENTENCE.—The Secretary of 
the Defense, or the convening authority acting on the case 
(if other than the Secretary), may suspend the execution 
of any sentence or part thereof in the case, except a sen-
tence of death.
‘‘§ 950j. Finality or proceedings, findings, and sen-
tences 
‘‘(a) FINALITY.—The appellate review of records of 
trial provided by this chapter, and the proceedings, find-
ings, and sentences of military commissions as approved, 
reviewed, or affirmed as required by this chapter, are final 
and conclusive. Orders publishing the proceedings of mili-
tary commissions under this chapter are binding upon all 
departments, courts, agencies, and officers of the United 
States, except as otherwise provided by the President. 
‘‘(b) PROVISIONS OF CHAPTER SOLE BASIS FOR RE-
VIEW OF MILITARY COMMISSION PROCEDURES AND AC-
TIONS.—Except as otherwise provided in this chapter and 
notwithstanding any other provision of law (including sec-
tion 2241 of title 28 or any other habeas corpus provi-
sion), no court, justice, or judge shall have jurisdiction to 
hear or consider any claim or cause of action whatsoever, 
including any action pending on or filed after the date of 
the enactment of the Military Commissions Act of 2006, 
relating to the prosecution, trial, or judgment of a military 
commission under this chapter, including challenges to the 
lawfulness of procedures of military commissions under 
this chapter. 
‘‘SUBCHAPTER VII—PUNITIVE MATTERS
‘‘Sec. 
‘‘950p. Statement of substantive offenses. 
‘‘950q. Principals.
‘‘950r. Accessory after the fact. 
‘‘950s. Conviction of lesser included offense. 
‘‘950t. Attempts. 
‘‘950u. Solicitation. 
‘‘950v. Crimes triable by military commissions. 
‘‘950w. Perjury and obstruction of justice; contempt.
‘‘§ 950p. Statement of substantive offenses 
‘‘(a) PURPOSE.—The provisions of this subchapter 
codify offenses that have traditionally been triable by mili-
tary commissions. This chapter does not establish new 
crimes that did not exist before its enactment, but rather 
codifies those crimes for trial by military commission. 
‘‘(b) EFFECT.—Because the provisions of this sub-
chapter (including provisions that incorporate definitions 
in other provisions of law) are declarative of existing law, 
they do not preclude trial for crimes that occurred before 
the date of the enactment of this chapter. 
‘‘§ 950q. Principals 
‘‘Any person is punishable as a principal under this 
chapter who—
‘‘(1) commits an offense punishable by this 
chapter, or aids, abets, counsels, commands, or pro-
cures its commission; 
‘‘(2) causes an act to be done which if directly 
performed by him would be punishable by this chap-
ter; or 
‘‘(3) is a superior commander who, with regard 
to acts punishable under this chapter, knew, had
reason to know, or should have known, that a subor-
dinate was about to commit such acts or had done 
so and who failed to take the necessary and reason-
able measures to prevent such acts or to punish the 
perpetrators thereof. 
‘‘§ 950r. Accessory after the fact 
‘‘Any person subject to this chapter who, knowing 
that an offense punishable by this chapter has been com-
mitted, receives, comforts, or assists the offender in order 
to hinder or prevent his apprehension, trial, or punishment 
shall be punished as a military commission under this 
chapter may direct. 
‘‘§ 950s. Conviction of lesser included offense 
‘‘An accused may be found guilty of an offense nec-
essarily included in the offense charged or of an attempt 
to commit either the offense charged or an attempt to 
commit either the offense charged or an offense nec-
essarily included therein. 
‘‘§ 950t. Attempts 
‘‘(a) IN GENERAL.—Any person subject to this chap-
ter 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 spe-
cific 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 sub-
ject to this chapter may be convicted of an attempt to com-
mit an offense although it appears on the trial that the 
offense was consummated. 
‘‘§ 950u. Solicitation 
‘‘Any person subject to this chapter who solicits or 
advises another or others to commit one or more sub-
stantive offenses triable by military commission under this 
chapter shall, if the offense solicited or advised is at-
tempted or committed, be punished with the punishment 
provided for the commission of the offense, but, if the of-
fense solicited or advised is not committed or attempted, 
he shall be punished as a military commission under this 
chapter may direct. 
‘‘§ 950v. Crimes triable by military commissions 
‘‘(a) DEFINITIONS AND CONSTRUCTION.—In this sec-
tion: 
‘‘(1) MILITARY OBJECTIVE.—The term ‘military 
objective’ means—
‘‘(A) combatants; and 
‘‘(B) those objects during an armed con-
flict—
‘‘(i) which, by their nature, location, 
purpose, or use, effectively contribute to 
the opposing force’s war-fighting or war-
sustaining capability; and 
‘‘(ii) the total or partial destruction, 
capture, or neutralization of which would 
constitute a definite military advantage to 
the attacker under the circumstances at 
the time of the attack. 
‘‘(2) PROTECTED
PERSON.—The term ‘pro-
tected person’ means any person entitled to protec-
tion under one or more of the Geneva Conventions, 
including—
‘‘(A) civilians not taking an active part in 
hostilities; 
‘‘(B) military personnel placed hors de 
combat by sickness, wounds, or detention; and 
‘‘(C) military medical or religious per-
sonnel. 
‘‘(3) PROTECTED PROPERTY.—The term ‘pro-
tected property’ means property specifically pro-
tected by the law of war (such as buildings dedicated 
to religion, education, art, science or charitable pur-
poses, historic monuments, hospitals, or places 
where the sick and wounded are collected), if such
property is not being used for military purposes or 
is not otherwise a military objective. Such term in-
cludes objects properly identified by one of the dis-
tinctive emblems of the Geneva Conventions, but 
does not include civilian property that is a military 
objective. 
‘‘(4) CONSTRUCTION.—The intent specified for 
an offense under paragraph (1), (2), (3), (4), or 
(12) of subsection (b) precludes the applicability of 
such offense with regard to—
‘‘(A) collateral damage; or 
‘‘(B) death, damage, or injury incident to 
a lawful attack. 
‘‘(b) OFFENSES.—The following offenses shall be tri-
able 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 com-
mission under this chapter may direct. 
‘‘(2) ATTACKING CIVILIANS.—Any person sub-
ject to this chapter who intentionally engages in an 
attack upon a civilian population as such, or indi-
vidual 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 per-
son subject to this chapter who intentionally engages 
in an attack upon a civilian object that is not a mili-
tary objective shall be punished as a military com-
mission under this chapter may direct. 
‘‘(4) ATTACKING PROTECTED PROPERTY.—Any 
person subject to this chapter who intentionally en-
gages in an attack upon protected property shall be 
punished as a military commission under this chap-
ter may direct. 
‘‘(5) PILLAGING.—Any person subject to this 
chapter who intentionally and in the absence of mili-
tary 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 commis-
sion under this chapter may direct. 
‘‘(6) DENYING QUARTER.—Any person subject 
to this chapter who, with effective command or con-
trol over subordinate groups, declares, orders, or 
otherwise indicates to those groups that there shall 
be no survivors or surrender accepted, with the in-
tent to threaten an adversary or to conduct hos-
tilities such that there would be no survivors or sur-
render 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 de-
tained 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 re-
frain 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
WEAP-
ONS.—Any person subject to this chapter who inten-
tionally, as a method of warfare, employs a sub-
stance or weapon that releases a substance that
causes death or serious and lasting damage to health 
in the ordinary course of events, through its asphyx-
iating, bacteriological, or toxic properties, shall be 
punished, if death results to one or more of the vic-
tims, by death or such other punishment as a mili-
tary 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 pro-
tected person with the intent to shield a military ob-
jective from attack, or to shield, favor, or impede 
military operations, shall be punished, if death re-
sults 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 loca-
tion 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 in-
tended to inflict severe physical or mental pain 
or suffering (other than pain or suffering inci-
dental to lawful sanctions) upon another person 
within his custody or physical control for the 
purpose of obtaining information or a confes-
sion, 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 re-
sult 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
SUF-
FERING
DEFINED.—In this section, the term 
‘severe mental pain or suffering’ has the mean-
ing given that term in section 2340(2) of title 
18.
‘‘(12) CRUEL OR INHUMAN TREATMENT.—
‘‘(A) OFFENSE.—Any person subject to 
this chapter who commits an act intended to in-
flict severe or serious physical or mental pain or 
suffering (other than pain or suffering inci-
dental to lawful sanctions), including serious 
physical abuse, upon another within his custody 
or control 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. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘serious physical pain 
or suffering’ means bodily injury that in-
volves—
‘‘(I) a substantial risk of death; 
‘‘(II) extreme physical pain; 
‘‘(III) a burn or physical dis-
figurement of a serious nature (other 
than cuts, abrasions, or bruises); or
‘‘(IV) significant loss or impair-
ment of the function of a bodily mem-
ber, organ, or mental faculty. 
‘‘(ii) The term ‘severe mental pain or 
suffering’ has the meaning given that term 
in section 2340(2) of title 18. 
‘‘(iii) The term ‘serious mental pain 
or suffering’ has the meaning given the 
term ‘severe mental pain or suffering’ in 
section 2340(2) of title 18, except that—
‘‘(I) the term ‘serious’ shall re-
place the term ‘severe’ where it ap-
pears; and 
‘‘(II) as to conduct occurring 
after the date of the enactment of the 
Military Commissions Act of 2006, 
the term ‘serious and non-transitory 
mental harm (which need not be pro-
longed)’ shall replace the term ‘pro-
longed mental harm’ where it appears. 
‘‘(13) INTENTIONALLY CAUSING SERIOUS BOD-
ILY INJURY.—
‘‘(A) OFFENSE.—Any person subject to 
this chapter who intentionally causes serious 
bodily injury to one or more persons, including
lawful combatants, 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 re-
sult 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 in-
jury’ means bodily injury which involves—
‘‘(i) a substantial risk of death; 
‘‘(ii) extreme physical pain; 
‘‘(iii) protracted and obvious dis-
figurement; 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 per-
sons, or by permanently disabling any member, limb, 
or organ of the body of the person or persons, with-
out 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 inten-
tionally kills one or more persons, including lawful 
combatants, 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 VIOLA-
TION OF THE LAW OF WAR.—Any person subject to 
this chapter who intentionally destroys property be-
longing to another person in violation of the law of 
war shall 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 cap-
turing such person or persons shall be punished, if