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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. 
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‘‘(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 
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‘‘(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 
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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 
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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 
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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, sur-
render, 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 EM-
BLEM.—Any person subject to this chapter who in-
tentionally 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 in-
tentionally mistreats the body of a dead person, 
without justification by legitimate military necessity, 
shall be punished as a military commission under 
this chapter may direct. 
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