Military Commissions Act of 2005

H.R. 3044, the Military Commissions Act of 2005, proposes a legal framework for the U.S. military to prosecute non-citizens accused of war crimes or acts of international terrorism. The bill would authorize the President to establish military commissions consisting of three to seven members to conduct these trials outside of the standard civilian court system.

For the public, this legislation defines the specific legal rights and protections afforded to foreign detainees, including the right to defense counsel and the requirement of a unanimous vote for any death penalty sentence. It establishes a formal process for appeals through the military justice system and federal courts, aiming to standardize how the government handles high-level national security cases involving non-U.S. citizens.