[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR11.3]



[Page 32-33]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 11_CRIMES AND ELEMENTS FOR TRIALS BY MILITARY COMMISSION--Table of 

Contents

 

Sec.  11.3  General.



    (a) Background. The following crimes and elements thereof are 

intended for use by military commissions established pursuant to 32 CFR 

part 9, and Military Order of November 13, 2001, ``Detention, Treatment, 

and Trial of Certain Non-Citizens in the War Against Terrorism,'' the 

jurisdiction of which extends to offenses or offenders that by statute 

or the law of armed



[[Page 33]]



conflict may be tried by military commission as limited by Military 

Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain 

Non-Citizens in the War Against Terrorism.'' No offense is cognizable in 

a trial by military commission if that offense did not exist prior to 

the conduct in question. These crimes and elements derive from the law 

of armed conflict, a body of law that is sometimes referred to as the 

law of war. They constitute violations of the law of armed conflict or 

offenses that, consistent with that body of law, are triable by military 

commission. Because this document is declarative of existing law, it 

does not preclude trial for crimes that occurred prior to its effective 

date.

    (b) Effect of other laws. No conclusion regarding the applicability 

or persuasive authority of other bodies of law should be drawn solely 

from the presence, absence, or similarity of particular language in this 

part as compared to other articulations of law.

    (c) Non-exclusivity. This part does not contain a comprehensive list 

of crimes triable by military commission. It is intended to be 

illustrative of applicable principles of the common law of war but not 

to provide an exclusive enumeration of the punishable acts recognized as 

such by that law. The absence of a particular offense from the corpus of 

those enumerated herein does not preclude trial for that offense.