A. Background Information for MCOP
B. Department of Defense Office of Military Commissions Materials and Resources
C. Official U.S. Military Commissions Documents
D. International Human Rights Law Treaties That Bind the U.S.
E. Non-Treaty International Human Rights Law Instruments
F. Instruments of International Tribunals
G. Regional International Human Rights Law Instruments
H. International Criminal Law Treaties
I. International Humanitarian Law Instruments
J. Law Articles & Other Resources
A. Background Information for MCOP
B. Department of Defense Office of Military Commissions Materials and Resources
- Glossary of Relevant Legal Terms
- How Military Commissions Work
- Comparison of Military Commission and Other Legal Systems
- Military Commissions Fact Sheet
- Office of Military Commissions Organizational Chart
- Significant U.S. Supreme Court Case Opinions, as prepared by the Office of Military Commissions
Additional information may be found on the website of the Office of Military Commissions.
C. Official U.S. Military Commissions Documents
- Military Commissions Act of 2009
- Manual for Military Commissions – 2012
- Regulation for Trial by Military Commission – 2011
- Rules of Court – Military Commision Trial Judiciary (24 Apr 2013 Amended)
- Notices from the Trial Judiciary Rules of Court – 2013
- Court of Military Commission Review – Rules of Practice
D. International Human Rights Law Treaties That Bind the U.S.
- International Covenant on Economic, Social & Cultural Rights
- International Covenant on Civil and Political Rights
- United Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 1984
E. Non-Treaty International Human Rights Law Instruments
- Basic Principles for the Treatment of Prisoners (Adopted by United Nations General Assembly Resolution 45/111 of 14 December 1990)
- Basic Principles on the Independence of the Judiciary, Seventh U.N. Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 Aug. to 6 Sept. 1985, U.N. Doc. A/ CONF.121/22/Rev.1 at 59 (1985), (endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985)
- Basic Principles on the Role of Lawyers, Eighth U.N. Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 Aug. to 7 Sept. 1990, U.N. Doc. A/CONF.144/28/Rev.1 at 118 (1990)
- Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, August 27- September 7, 1990
- Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, G.A. Res. 43/173, annex, 43 U.N. GAOR, 43d Sess., Supp. No. 49, at 298, U.N. Doc. A/43/49 (1988)
- Code of Conduct for Law Enforcement Officials (G.A. res. 34/169, annex 34 U.N.GAOR Supp. (No. 46) at 186, U.N. Doc. A/34/46 (1979)
- Code of Conduct for Law Enforcement Officials, UN General Assembly resolution 34/169, December 17, 1979;
- Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions, UN Economic and Social Council recommended resolution 1989/65, May 24, 1989
- Declaration of Minimum Humanitarian Standards, (a/k/a/ the “Turku Declaration”) (adopted by an expert meeting convened by the Institute for Human Rights, Åbo Akademi University, in Turku/Åbo, Finland, 30 November – 2 December 1990) (reprinted in Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its Forty-sixth Session, Commission on Human Rights, 51st Sess., Provisional Agenda Item 19, at 4, U.N. Doc. E/CN.4/1995/116 (1995))
- Draft Body of Principles on the Right to a Fair Trial and a Remedy, Annex II of “The Administration of Justice and the Human Rights of Detainees, The Right to a Fair Trial: Current Recognition and Measures Necessary for Its Strengthening,” Final Report, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, 46th Session, E/CN.4/Sub.2/1994/24, 3 June 1994 (www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/d8925328e178f8748025673d00599b81?Opendocument)
- Guidelines on the Role of Prosecutors, Eighth U.N. Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 Aug. to 7 Sept. 1990, U.N. Doc. A/CONF.144/28/Rev.1 at 189 (1990)
- Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by United Nations General Assembly Resolution 37/194 of 18 December 1982
- Standard Minimum Rules for the Treatment of Prisoners, Adopted 30 August 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, and approved by the Economic and Social Council by its resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. (U.N. Doc. A/CONF/611, annex 1, E.S.C. Res. 663C, 24 U.N. ESCOR Supp. No. 1, at 11, U.N. Doc. E/3048 (1957), amended by E.S.C. Res. 2076, 62 U.N. ESCOR Supp. No. 1 at 35, U.N. Doc. E/5988 (1977))
- UN Rules for the Protection of Juveniles Deprived of Their Liberty, UN General Assembly resolution 45/113, December 14, 1990
- UN Standard Minimum Rules for the Administration of Juvenile Justice, UN General Assembly resolution 40/33, November 29, 1985
- Universal Declaration of Human Rights
F. Instruments of International Tribunals
- Rules of Procedure of the International Criminal Tribunal for the former Yugoslavia
- Rules of Procedure of the International Criminal Tribunal Rwanda
G. Regional International Human Rights Law Instruments
- The African Charter on Human and Peoples’ Rights, 1981
- The American Convention on Human Rights, 1969
- The European Convention on Human Rights, 1950
H. International Criminal Law Treaties
I. International Humanitarian Law Instruments
a. 4 Geneva Conventions of 1949
- Geneva Convention I of 1949
- Geneva Convention II of 1949
- Geneva Convention III of 1949
- Geneva Convention IV of 1949
b. Protocols Additional the The Geneva Conventions of 1949
- Protocol Additional I of Geneva Conventions of 1949
- Protocol Additional II of Geneva Conventions of 1949
- Protocol Additional III of Geneva Conventions of 1949
J. Law Articles & Other Resources
- Military Commission Act of 2009, CRS Report, 7 March 2014
- Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Courts Rights, CRS Report, 28 February 2013
- The Geneva Conventions of 12 August 1949, Commentary. Jean S. Pictet, General Editor, 4 volumes.
- Diminishing The Value of War Crimes Prosecutions: A View of the Guantanamo Military Commissions from the Perspective of International Law, Jonathan Hafetz (2013)
- Expert Witness Affidavit of Professor George E. Edwards on International Human Rights Law, International Humanitarian Law, and International Criminal Law, Tendered in the case of U.S.A. v. David M. Hicks, Case # 002, U.S. Military Commissions Guantanamo Bay, Cuba (14 November 2005)