President's Military Order of November 13, 2001, Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
News Release: President Issues Military Order Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism, November 13, 2001, and pdf version.
The President's Military Order of November 13, 2001, Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism (66 F.R. 57833) was issued in response to the events of September 11, 2001, as well as the Bush administration's war on terrorism.
Note in the following sections of the November 13, 2001, President's Order, as well as the rest of the Order, that no reference is made either directly or indirectly to the Geneva Conventions.
- Section 1(e):
- To protect the United States and its citizens, and for the effective conduct of military operations and prevention of terrorist attacks, it is necessary for individuals subject to this order pursuant to section 2 hereof to be detained, and, when tried, to be tried for violations of the laws of war and other applicable laws by military tribunals.
- Section 1(f):
- Given the danger to the safety of the United States and the nature of international terrorism, and to the extent provided by and under this order, I find consistent with section 836 of title 10, United States Code, that it is not practicable to apply in military commissions under this order the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts.
- Section 3: Detention Authority of the Secretary of Defense. Any individual subject to this order shall be --
- (a) detained at an appropriate location designated by the Secretary of Defense outside or within the United States;
- (b) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria;
- (c) afforded adequate food, drinking water, shelter, clothing, and medical treatment;
- (d) allowed the free exercise of religion consistent with the requirements of such detention; and
- (e) detained in accordance with such other conditions as the Secretary of Defense may prescribe.
- Section 7(b) With respect to any individual subject to this order --
- (1) military tribunals shall have exclusive jurisdiction with respect to offenses by the individual; and
- (2) the individual shall not be privileged to seek any remedy or maintain any proceeding, directly or indirectly, or to have any such remedy or proceeding sought on the individual's behalf, in (i) any court of the United States, or any State thereof, (ii) any court of any foreign nation, or (iii) any international tribunal.
Military Commission Orders
Subsequent to the Order, Military Commission Order No. 1, "Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism," and a Fact Sheet were issued March 21, 2002. Eight additional Military Commission Instructions were issued April 30, 2003.
The order for the Appointing Authority, DoD Directive 5105.70, "Appointing Authority For Military Commissions," was issued February 10, 2004:
- "The Appointing Authority for Military Commissions is established in the Office of the Secretary of Defense under the authority, direction, and control of the Secretary of Defense." See Office of Military Commissions.
- December 30, 2003: "Also, Defense Department General Counsel William Haynes II has issued Military Commission Instruction No. 9, which prescribes procedures and sets responsibilities for review of commission proceedings." 
- News Release: "President Determines Enemy Combatants Subject to His Military Order," Department of Defense, July 3, 2003.
- "Administrative Review Procedures for Enemy Combatants in the Control of the Department of Defense at Guantanamo Bay Naval Base, Cuba," May 11, 2004.
Response to the Order
- Committee on Military Affairs and Justice, "Inter Arma Silent Leges: In Times of Armed Conflict, Should the Laws be Silent? A Report on The President's Military Order of November 13, 2001 Regarding 'Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism'," Association of the Bar of the City of New York. No date. (54-page pdf).
- Committee on International Human Rights and Committee on Military Affairs and Justice, "Human Rights Standards Applicable to the United States' Interrogation of Detainees," Association of the Bar of the City of New York. No date. (110-page pdf).
- Timothy H. Edgar, President Bush's Order Establishing Military Trials in Terrorism Cases, American Civil Liberties Union, November 29, 2001.
- Cass R. Sunstein, Before the Senate Judiciary Committee, December 4, 2001. Law School and Department of Political Science, University of Chicago.
- Maj. Gen. Michael J. Nardotti, Jr., Before the Senate Judiciary Committee Subcommittee on Administrative Oversight and the courts Military Commissions Hearing, December 4, 2001.
- Charles D. Siegel, 10-page Letter to Judiciary Committee, U.S. Senate, (Sen. Patrick Leahy, Chair; Sen. Dianne Feinstein, Member), Human Rights Committee of the American Branch of the International Law Association, December 3, 2001.
- Christopher M. Evans, "Terrorism on Trial: The President's Constitutional Authority to Order the Prosecution of Suspected Terrorists by Military Commission," 51 Duke Law Journal (cited 1831), 2002.
- American Civil Liberties Union, Letter to Defense Secretary Donald Rumsfeld on the Use of Military Tribunals, January 15, 2002.
- J. Gordon Forester, Jr., Report, The Bar Association of the District of Columbia, February 2002.
- S. 1941. A bill to authorize the President to establish military tribunals to try the terrorists responsible for the September 11, 2001 attacks against the United States, and for other purposes; to the Committee on Armed Services. Congressional Record: February 13, 2002 (Senate)], Page S733-S745.
- "The Use of Military Commissions to Prosecute Individuals Accused of Terrorist Acts," American Journal of International Law v 96 #2, April 2002.
- Association of the Bar of the City of New York, Letter: Re Comments on Military Commission Instruction - Crimes and Elements for Trials by Military Commissions (the 'Instruction') to William Haynes II, General Counsel, Department of Defense, March 21, 2003.
- Eugene R. Fidell, "Military Commissions & Administrative Law," The Green Bag, Summer 2003.
- Human Rights Watch, Briefing Paper on U.S. Military Commissions, June 25, 2003.
- Abu Ghraib (Additional SourceWatch Resources)
- Abu Ghraib (External Links)
- civil liberties
- enemy combatant
- Enemy Prisoner of War
- Enemy Prisoner of War Camps in Iraq
- Executive Orders
- global detention system
- Guantanamo Camp Xray
- Iraq War Crimes Tribunal
- Legal Arguments for Avoiding the Jurisdiction of the Geneva Conventions
- State of national emergency
- State of the Union 2003
- Trading With the Enemy Act
- war on freedom
- Michael Boos and David N. Bossie, "Military Trials for Al Qaeda Terrorists & Their Taliban Sponsors are Constitutionally Sound and Consistent with American Interests," Citizens United, Volume II Issue 5.
- Elisabeth Bumiller and David Johnston, "Bush to Subject Terrorism Suspects to Military Trials," New York Times, November 13, 2001.
- Jeff Johnson, "Ashcroft Promises 'Fair Trials' for Terrorists," CNSNews.com, December 6, 2001.
- Introduced Bill: H. R. 3564. Terrorism Tribunal Act of 2001. December 20, 2001.
- Introduced Bill: "S. 1937. A bill to set forth certain requirements for trials and sentencing by military commissions, and for other purposes; to the Committee on Armed Services," February 13, 2002 (Senate) (Page S733-S745).
- Stephen Young, "United States Military Commissions: A Quick Guide to Available Resources," March 1, 2002.
- Martin Thomas, "In search of justice. At some point, al-Qaida suspects at Guantanamo Bay will go on trial. Whether a military commission is the correct forum is debatable," Guardian/UK, January 31, 2003.
- Louis Fisher, "Military Tribunals: The Quirin Precedent," Congressional Record Service, March 26, 2002.
- David Cole, "Their Liberties, Our Security. Democracy and double standards," Boston Review, December 2002/January 2003.
- Davis Wright, Richard L. Cys, and Andrew M. Mar, "Media Access to the New Special Tribunals: Lessons Learned From History and the Military Courts," FindLaw, April 25, 2003.
- Human Rights First, Briefing Paper: "Trials Under Military Order: A Guide to the Final Rules for Military Commissions," July 2003.