ABSTRACT

Commissions were used during the American Revolution and in some early Indian campaigns. They were extensively used during the Civil War to maintain order in parts of the country occupied by the military, including areas in which no hostilities occurred. . Unlike courts-martial, which exist to try members of the armed forces for violations of military law, military commissions exist to try civilians or enemy belligerents. Although the military has occasionally employed civilian judges, military commissions are more commonly made up of panels of officers with no specialized legal training. Unlike civilian courts, military commissions can take into account military expediency and such constraints as the need to protect intelligence sources. Military commissions must comply with requirements of the Geneva Conventions of 1949 and 1977, other relevant treaties, and all relevant principles of international law.