United States Court of Military Commission Review
| United States Court of Military Commission Review | |
|---|---|
| (C.M.C.R.) | |
| Location | Washington, D.C. |
| Appeals to | District of Columbia Circuit |
| Appeals from | |
| Established | 2006 |
| Authority | Article I tribunal |
| Created by | Military Commissions Act of 2006 10 U.S.C. § 950f |
| Composition method | Presidential nomination with Senate advice and consent (or commissioned officers serving as military judges) |
| Chief Judge | Lisa M. Schenck |
| www | |
The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review (CMCR), which would sit in Washington, D.C.
In any event, the CMCR was not ready when it was first needed. Peter Brownback and Keith J. Allred, the officers appointed to serve as Presiding Officers in the Military Commissions that charged Omar Khadr and Salim Ahmed Hamdan dismissed the charges against the two men because the Military Commissions Act only authorized the commissions to try "unlawful enemy combatants". Khadr and Hamdan, like 570 other Guantanamo captives had merely been confirmed to be "enemy combatants".
The Court of Military Commission Review ruled that Presiding Officers were, themselves, authorized to rule whether suspects were "illegal enemy combatants".
