Also known as: law of war military commission · law-of-war military commissions · military commission
Written by attorneys · grounded in primary & secondary sources — see below
A tribunal convened as an incident to the conduct of war to try offenses against the laws of war. Such a commission may proceed only when its procedures comply with the Constitution, federal statutes, and the laws and rules of war, including adequate establishment of jurisdictional facts and meaningful access by the accused and counsel to evidence. Any substitute for habeas corpus review must permit challenge to the authority for detention, contest of fact-finding, introduction of newly discovered exculpatory evidence, and a request for release.
Leah Lamb, an alien detained as an enemy combatant at a military facility, faces trial before a law-of-war military commission. The commission's review process denies her any opportunity to introduce newly discovered exculpatory evidence or to contest the President's authority for indefinite detention. Lamb petitions for habeas relief, arguing that the procedures fail to provide a meaningful substitute.
Leonard Lowe, a detained foreign national, stands accused before a law-of-war military commission created by executive order. The order bypasses required proof of an armed conflict and Lowe's enemy affiliation while denying his counsel access to key evidence. Lowe seeks to enjoin the proceedings on the ground that the commission departs from congressional conditions.
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Lola Langley and seven other individuals captured on U.S. soil during wartime are brought before a law-of-war military commission for offenses against the laws of war. The commission is established by presidential order to adjudicate violations arising directly from the armed conflict. The proceedings focus on whether the accused committed acts triable under the law of war.
Liam Larson, a U.S. citizen captured abroad and designated an enemy combatant, is slated for trial by a law-of-war military commission. Larson contends that the commission lacks authority because he was not afforded a meaningful opportunity to contest his status before a neutral decisionmaker. The case turns on whether the commission procedures satisfy constitutional requirements for detention review.
Luna Lang, a civilian, is brought before a law-of-war military commission while civilian courts remain open and functioning. The commission proceeds without any showing that the regular courts are unavailable. Lang challenges the commission's authority on the ground that no wartime necessity justifies bypassing Article III courts.
Lorenzo Lugo, a civilian dependent accompanying U.S. forces overseas, faces charges before a law-of-war military commission established by executive order. The commission applies procedures that depart from constitutional jury-trial protections applicable to civilians. Lugo petitions to halt the proceedings, asserting that the commission exceeds limits on trying non-military personnel.
The commission must comply with the Constitution, federal statutes, and the laws and rules of war. This includes establishing jurisdictional facts such as the existence of an armed conflict and the accused's status, and affording the accused and counsel meaningful access to evidence.
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A law-of-war military commission may try a civilian only when civilian courts are closed or unable to function. Absent such conditions, civilians retain the right to trial in Article III courts with constitutional protections.
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Any substitute must permit the detainee to challenge the President's authority to detain indefinitely, contest the commission's fact-finding, introduce exculpatory evidence discovered after the proceedings, and seek release.
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…was not in the military service of the United States, but was held in custody by military authority for trial before a military commission upon charges founded upon the publication of articles alleged to be incendiary and libelous in a newspaper of which he was editor. The custody was alleged to be under the authority of…