Military Commissions Act of 2006 is a United States law that established military tribunals (courts of justice) for investigating and prosecuting terrorist suspects. President George W. Bush signed the act into law in October 2006. Bush described the act as an important tool in fighting the war on terrorism.
In 2001, shortly after the September 11 terrorist attacks, the U.S. government established military commissions to detain, interrogate, and prosecute terrorist suspects. United States officials claimed that the government could hold detainees without charges for an indefinite period. However, the U.S. Congress did not authorize these measures. In mid-2006, the Supreme Court of the United States ruled that these policies were a violation of U.S. law and the Geneva Conventions, which provide for the humane treatment of prisoners during wartime.
In response to the Supreme Court’s ruling, Congress passed the Military Commissions Act of 2006. The act authorizes the government to hold terrorist suspects at Guantánamo Bay, the site of a U.S. naval base in Cuba, or at secret locations throughout the world. Although the act forbids U.S. personnel from torturing suspects, it permits the president to authorize unspecified “coercive” methods of interrogation, which involve the use of force. In addition, the law provides legal protection to U.S. officials who interrogate terrorist detainees. Originally, one section of the law prevented terrorist suspects from filing a writ of habeas corpus, whereby they could petition in U.S. federal courts for the government to justify their detention. In 2008, the Supreme Court of the United States struck down that section of the law, ruling it unconstitutional.
Supporters of the law agree with President Bush that it is a necessary tool in the fight against terrorism. Critics argue that the terms of the act do not ensure acceptable civil liberties for imprisoned suspects. Opponents of the law include such human rights organizations as Amnesty International and Human Rights Watch, as well as some governments.
See also Bush, George Walker ; Habeas corpus ; September 11 terrorist attacks ; Terrorism .