Law and Inequality
The United States Department of Defense initiated military commissions as authorized by the Military Commissions Act ("MCA") of 2006 to try "unlawful enemy combatants" detained in the course of the War on Terror. 1 Enacted on October 17, 2006, the MCA's specific purpose is "to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission." 2 Congress passed the MCA as a renewed attempt at convening military commissions in response to the Supreme Court's ruling in Hamdan v. Rumsfeld, 3 where the Court held that the President's initial attempt at trying detainees 4 before military commissions was not authorized either by congressional power or the President's war powers. 5
David Weissbrodt and Andrea W. Templeton, Fair Trials? The Manual for Military Commissions in Light of Common Article 3 and Other International Law, 26 Law & Ineq. 353 (2008), available at https://scholarship.law.umn.edu/faculty_articles/258.