| 词条 | United States Court of Military Commission Review |
| 释义 |
| court_type = tribunal | court_name = United States Court of Military Commission Review | abbreviation = C.M.C.R. | seal = | seal_size = 150 | courthouse = | location = Washington, D.C. | appeals_to = District of Columbia Circuit | appeals_from = Guantanamo military commissions | established = 2006 | authority = Article I | created_by = Military Commissions Act of 2006 {{UnitedStatesCode|10|950f}} | composition = Presidential nomination with Senate advice and consent {{small|(or commissioned officers serving as military judges)}} | judges_assigned = | term_length = | chief = Paulette V. Burton | official_site = {{URL|http://www.mc.mil/}} }}{{wikisource|Military Commission Review Panel Takes Oath of Office}} The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review, which would sit in Washington D.C.[1][2][3][4] In the event,{{clarify|reason=what event?|date=December 2018}} the Review Court was not ready when it was first needed.[1] Peter Brownback and Keith J. Allred, the officers appointed to serve as Presiding Officers in the Military Commissions that charged Omar Khadr and Salim Ahmed Hamdan dismissed the charges against the two men because the Military Commissions Act only authorized the commissions to try "unlawful enemy combatants".[2][5][5][6] Khadr and Hamdan, like 570 other Guantanamo captives had merely been confirmed to be "enemy combatants". The Court of Military Commission Review ruled that Presiding Officers were, themselves, authorized to rule whether suspects were "illegal enemy combatant".[7][8][9] JudgesTo be eligible for a seat on the Court of Military Commissions Review, candidates must currently be serving as a judge on either the Army Court of Criminal Appeals, the Air Force Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, or be nominated by the President of the United States. United States v. Mohammed Jawad{{wikisource|Executive Order 13492}}Stephen R. Henley the Presiding Officer in United States v. Mohamed Jawad had ruled that evidence that was the result of torture could not be used.[10]On February 9, 2009, three judges from the Court, Frank J. Williams, Dan O'Toole, and D. Francis were empaneled to consider whether they should comply with the President's Executive Order halting all their proceedings.[11] SuspensionOn January 22, 2009, President Obama issued Executive Order 13492 ordering the closure of the Guantanamo Bay detention camps, within one year.[12] That order temporarily suspended all proceedings before the Court of Military Commission Review. Congress later blocked the closure of the camp. Appeal of the verdict of Ali Al Bahlul's military commissionCarol Rosenberg, writing in the Miami Herald, reported that Ali Al Bahlul's military defense attorneys filed a fifty-page appeal of his sentence on free speech grounds on September 2, 2009.[13][14]They claimed his production of al Qaeda propaganda material was protected by the first amendment of the United States Constitution. {{quote|Mr. al Bahlul is not a sympathetic defendant. He embraces an ideology that glorifies violence, justifies terrorism and opposes constitutional democracy. As offensive as it may be, [Bahlul's film work] is speech that falls within the core protections of the First Amendment, which forbids the prosecution of 'the thoughts, the beliefs, the ideals of the accused.}}Three of the Court's judges assembled on January 26, 2010 to hear oral arguments.[15] Following that, the CMCR determined to proceed with the case en banc and held a hearing on March 16, 2011.[16] The CMCR issued an opinion on September 9, 2011, that upheld al Bahlul's conviction.[17] Salim Hamdan's appealAttorneys working on behalf of Salim Hamdan have appealed his conviction, and oral arguments were heard on January 26, 2010.[15] Hamdan has already finished serving his sentence. Replacement proposalCarol Rosenberg, writing in the Miami Herald, reported that the Obama Administration had proposed a change in where appeals of the rulings and verdicts of military commissions would be heard.[13]The proposed changes would have had them first heard by the United States Court of Appeals for the Armed Forces, which Rosenberg noted was an experienced, respected 58-year-old institution. Under the current rules of the court, there is no appeal to rulings of the Court of Military Commission Review; under the proposed changes, appeals could ultimately have been taken to the United States Supreme Court. References1. ^1 {{cite news| url=https://www.washingtonpost.com/wp-dyn/content/article/2007/08/22/AR2007082201633.html| title=Growing Pains for Terror Appeals Court| author=Matt Apuzzo| publisher=Washington Post| date= August 22, 2007| accessdate=August 22, 2007}} {{Dead link|date=October 2010|bot=H3llBot}} {{U.S.-Mil-Judicial}}2. ^1 2 {{cite news |url = http://www.jag.navy.mil/JAGMAG/Winter_Navy%20Judges%20Lend%20Expertise%20to%20the%20Court%20of%20Military%20Commission%20Review.pdf |format = PDF |title = Navy Judges Lend Expertise to the Court of Military Commission Review |publisher = |author = Jason Jones |date = |accessdate = September 11, 2008 |quote = |deadurl = yes |archiveurl = https://www.webcitation.org/5c27uHqhK?url=http://www.jag.navy.mil/JAGMAG/Winter_Navy%20Judges%20Lend%20Expertise%20to%20the%20Court%20of%20Military%20Commission%20Review.pdf |archivedate = November 2, 2008 |df = }} 3. ^{{cite news |url=http://www.defenselink.mil/news/newsarticle.aspx?id=25238 |title=Military Commission Review Panel Takes Oath of Office |publisher=Department of Defense |date=September 22, 2004 |accessdate=November 2, 2008 |quote= |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20081023120601/http://www.defenselink.mil/news/newsarticle.aspx?id=25238 |archivedate=October 23, 2008 |df= }} 4. ^{{cite news| url=http://news.bbc.co.uk/2/hi/americas/5134328.stm| title=Q&A: Guantanamo detentions| date=January 22, 2009| publisher=BBC News| accessdate=May 30, 2009}} 5. ^1 {{cite news| url=http://www.defenselink.mil/news/newsarticle.aspx?id=46281| title=Charges Dismissed Against Canadian at Guantanamo| author=Sergeant Sara Wood| publisher=Department of Defense| date=June 4, 2007| accessdate=June 7, 2007}} 6. ^{{cite news| url=http://www.defenselink.mil/news/newsarticle.aspx?id=46288| title=Judge Dismisses Charges Against Second Guantanamo Detainee| author=Sergeant Sara Wood| publisher=Department of Defense| date=June 4, 2007| accessdate=June 7, 2007}} 7. ^{{cite news| url=https://www.washingtonpost.com/wp-dyn/content/article/2007/08/24/AR2007082401049.html| title=White House Defends US Terror Tribunals| date=August 24, 2007| author=Matt Apuzzo| publisher=Washington Post| accessdate=May 30, 2009}} 8. ^{{cite news |url = http://www.courtartist.com/2007/08/a-new-court-for.html |title = A new court for Gitmo |date = August 25, 2007 |publisher = Court Artist |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.courtartist.com%2F2007%2F08%2Fa-new-court-for.html&date=2009-05-30 |archivedate = May 30, 2009 |deadurl = yes |df = }} 9. ^{{cite news |url = http://ccrjustice.org/learn-more/faqs/factsheet:-military-commissions |title = Factsheet: Military Commissions |publisher = Center for Constitutional Rights |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fccrjustice.org%2Flearn-more%2Ffaqs%2Ffactsheet%3A-military-commissions&date=2009-05-30 |archivedate = May 30, 2009 |deadurl = yes |df = }} 10. ^{{cite news| url=http://www.cbc.ca/world/story/2009/01/13/jawad.html| title=U.S. court hears arguments over young detainee's confession| date=January 13, 2009| publisher=CBC News| accessdate=May 30, 2009}} 11. ^{{cite web |url = http://www.scotusblog.com/wp/wp-content/uploads/2009/02/cmcr-stay-order-2-4-09.pdf |title = UNITED STATES COURT OF MILITARY COMMISSION REVIEW Before F. Williams, D. Francis, and D. O'Toole |date = February 9, 2009 |publisher = United States Department of Justice |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.scotusblog.com%2Fwp%2Fwp-content%2Fuploads%2F2009%2F02%2Fcmcr-stay-order-2-4-09.pdf&date=2009-05-30 |archivedate = May 30, 2009 |deadurl = yes |df = }} 12. ^{{cite news |url = http://www.whitehouse.gov/the_press_office/closureofguantanamodetentionfacilities/ |title = EXECUTIVE ORDER – REVIEW AND DISPOSITION OF INDIVIDUALS DETAINED AT THE GUANTÁNAMO BAY NAVAL BASE AND CLOSURE OF DETENTION FACILITIES |date = January 22, 2009 |publisher = The White House |accessdate = May 30, 2009 |deadurl = yes |archiveurl = https://web.archive.org/web/20090130015955/http://www.whitehouse.gov/the_press_office/ClosureOfGuantanamoDetentionFacilities/ |archivedate = January 30, 2009 |df = }} 13. ^1 {{cite news |url = http://www.miamiherald.com/news/nation/story/1214739.html |title = Bin Laden aide's Gitmo conviction appealed |date = September 2, 2009 |author = Carol Rosenberg |publisher = Miami Herald |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2Fnews%2Fnation%2Fstory%2F1214739.html&date=2009-09-02 |archivedate = September 2, 2009 |deadurl = yes |df = }} 14. ^{{cite news |url = http://media.miamiherald.com/smedia/2009/09/02/14/United_States_v._al_Bahlul_-_Brief_for_Appellant__1_September_2009_.source.prod_affiliate.56.pdf |title = Brief on behalf of appellant: CMCR Case no. 09-001 |date = September 1, 2009 |author1 = Michel Paradis |author2 = Todd E. Pierce |author3 = Katherine Doxakis |author4 = Scott Medlyn |publisher = Department of Defense |archiveurl = https://www.webcitation.org/query?url=http%3A%2F%2Fmedia.miamiherald.com%2Fsmedia%2F2009%2F09%2F02%2F14%2FUnited_States_v._al_Bahlul_-_Brief_for_Appellant__1_September_2009_.source.prod_affiliate.56.pdf&date=2009-09-02 |archivedate = September 2, 2009 |deadurl = yes |df = }} 15. ^1 {{cite web| url=http://www1.voanews.com/english/news/middle-east/US-Military-Panel-Hears-1st--Guantanamo-Appeal-82696517.html| title=US Military Panel Hears 1st Guantanamo Appeal| publisher=Voice of America| date=January 26, 2010| accessdate=January 26, 2010}} 16. ^{{cite news | url=http://www.lawfareblog.com/2011/03/summary-of-arguments-in-the-governments-briefs-in-al-bahlul-and-hamdan/ | title=Summary of Arguments in the Government's Briefs in al-Bahlul and Hamdan | publisher=Lawfare | date=March 16, 2011 | accessdate=October 21, 2011}} 17. ^{{cite news | url=http://www.miamiherald.com/2011/09/09/2399378/military-court-upholds-al-qaida.html | title=Panel upholds Al Qaida filmmaker's life sentence | publisher=Miami Herald | date=September 10, 2011 | accessdate=October 21, 2011}} 3 : United States military law|Guantanamo Bay captives legal and administrative procedures|United States military courts |
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