lawful enemy combatants. Lawful enemy combatants who 
violate the law of war are subject to chapter 47 of this title. 
Courts martial established under that chapter shall have ju-
risdiction to try a lawful enemy combatant for any offense 
made punishable under this chapter. 
‘‘(b)
(c) PUNISHMENTS.—A military commission 
under this chapter may, under such limitations as the Sec-
retary of Defense may prescribe, adjudge any punishment 
not forbidden by this chapter, including the penalty of 
death when authorized under this chapter. 
‘‘§ 948e. Annual report to congressional committees 
‘‘(a) ANNUAL REPORT REQUIRED.—Not later than 
December 31 each year, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report on any 
trials conducted by military commissions under this chap-
ter during such year. 
‘‘(b) FORM.—Each report under this section shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 
COMMISSIONS 
‘‘Sec. 
‘‘948h. Who may convene military commissions. 
‘‘948i. Who may serve on military commissions. 
‘‘948j. Military judges. 
‘‘948k. Detail of trial counsel and defense counsel. 
‘‘948l. Detail or employment of reporters and interpreters. 
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‘‘948m. Number of members; excuse of members; absent and additional mem-
bers. 
‘‘§ 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. 
‘‘§ 948i Who may serve on military commissions 
‘‘(a) IN GENERAL.—Any commissioned officer of the 
armed forces on active duty is eligible to serve on a mili-
tary commission under this chapter. 
‘‘(b) DETAIL OF MEMBERS.—When convening a mili-
tary commission under this chapter, the convening author-
ity shall detail as members of the commission such mem-
bers of the armed forces eligible under subsection (a), as 
in the opinion of the convening authority, are fully quali-
fied 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 com-
mission under this chapter is assembled for the trial of 
a case, the convening authority may excuse a member 
from participating in the case. 
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‘‘§ 948j. Military judges 
‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge 
shall be detailed to each military commission under this 
chapter. The Secretary of Defense shall prescribe regula-
tions providing for the manner in which military judges 
are so detailed to military commissions. The military judge 
shall preside over each military commission to which he 
has been detailed. 
‘‘(b) QUALIFICATIONS.—A military judge shall be a 
commissioned officer of the armed forces who is a member 
of the bar of a Federal court, or a member of the bar 
of the highest court of a State, and who is certified to 
be qualified for duty under section 826 of this title (article 
26 of the Uniform Code of Military Justice) as a military 
judge in general courts-martial by the Judge Advocate 
General of the armed force of which such military judge 
is a member. 
‘‘(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 
person is eligible to act as military judge in a case of a 
military commission under this chapter if he is the accuser 
or a witness or has acted as investigator or a counsel in 
the same case. 
‘‘(d) CONSULTATION
WITH
MEMBERS; INELIGI-
BILITY TO VOTE.—A military judge detailed to a military 
commission under this chapter may not consult with the 
members of the commission except in the presence of the 
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accused (except as otherwise provided in section 949d of 
this title), trial counsel, and defense counsel, nor may he 
vote with the members of the commission. 
‘‘(e) OTHER DUTIES.—A commissioned officer who 
is certified to be qualified for duty as a military judge of 
a military commission under this chapter may perform 
such other duties as are assigned to him by or with the 
approval of the Judge Advocate General of the armed 
force of which such officer is a member or the designee 
of such Judge Advocate General. 
‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY 
CONVENING AUTHORITY.—The convening authority of a 
military commission under this chapter shall not prepare 
or review any report concerning the effectiveness, fitness, 
or efficiency of a military judge detailed to the military 
commission which relates to his performance of duty as 
a military judge on the military commission. 
‘‘§ 948k. Detail of trial counsel and defense counsel 
‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial 
counsel and military defense counsel shall be detailed for 
each military commission under this chapter. 
‘‘(2) Assistant trial counsel and assistant and asso-
ciate defense counsel may be detailed for a military com-
mission under this chapter. 
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‘‘(3) Military defense counsel for a military commis-
sion under this chapter shall be detailed as soon as prac-
ticable after the swearing of charges against the accused. 
‘‘(4) The Secretary of Defense shall prescribe regula-
tions providing for the manner in which trial counsel and 
military defense counsel are detailed for military commis-
sions under this chapter and for the persons who are au-
thorized to detail such counsel for such commissions. 
‘‘(b) TRIAL COUNSEL.—Subject to subsection (d), 
trial counsel detailed for a military commission under this 
chapter must be— 
‘‘(1) a judge advocate (as that term is defined 
in section 801 of this title (article 1 of the Uniform 
Code of Military Justice) who is— 
‘‘(A) a graduate of an accredited law 
school or is a member of the bar of a Federal 
court or of the highest court of a State; and 
‘‘(B) certified as competent to perform du-
ties as trial counsel before general courts-mar-
tial by the Judge Advocate General of the 
armed force of which he is a member; or 
‘‘(2) a civilian who is— 
‘‘(A) a member of the bar of a Federal 
court or of the highest court of a State; and 
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