Presidential Military Order re: Detention, Treatment and Trial of Certain Non-Citizens in the War Against Terrorism

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I MILITAAY ORO""-IRELEAimD IN FUL:~_:~....:,..__ ~.. !
t DETENTIOIi, TREATMeNT, ~,'rn.IAL '", '. " r OF CERTr~ NON-CITI4ENS IN TkE WAR lGAI~ST T~~ORISM
By the authority ve~~ed in ~e aa PreB~dent and a~
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C~andar in"Chief o~ che ~rmed Porces of fhe united States
by tOe cona~i~lltion and the laws of the un}ted states of America,
including the Autha~izdtion Cor Use of M~lttary Force Joint
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Resolution (Public Law 107-40. 115 Stat. 2~4' and sections 821
and 836 of ~itle 10, United States Code. i~ is hereby order~d
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as follows: I

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Sectign 1. Findings. "! I ~ .
(a)
Inte~tion~ terror~8tp, inclvd~ng members of • f I
al Qaida, have carrled out attacks oa Unit~d States diplomatic
and military personnel and !ac11ities abrO~d and on ci~i~ens
and property within the United States on ajscale th~t haG created

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a state of ~ed conflict that requires thp use of
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the united States ArmeQ Forces. r'

(b) tn light of grave acts of terror em and thre~te of
~ar~criam. inc1uding ~he ter~or!at attacks on Sepeemher 11#
2001.. on the headquarters of the United sttte/J Departme"nt of
Defen3e in the nation~l capital region, ani the World Tifde
Center in NeW/York. and on civilian aircra~t such as in ,?

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Pennsylvania. I proclaimed a national e~rfency on September 14,
2"001 (I?:r;oc. 7453, Declaration of National ~mergency by Real!on
at Certain Terrorist Attacks) ..

(el Individuals acting alone
oncert involved in
international "te~riam posse~~ both the pability and the
intention to underte~e further terrorist tacks againl!t the
United States that. if not detected ~p~ented. will caUBe

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mASB deaths, maS8 injuries, and massive dietruc~jon ot property,
and may place at rigk th~ continuity of ~e operations of the
Unleed·5t&tes Government. I

(dl! The ability of the United States to protect the
United States and ite citi~enBI and to he~ ita al~iee and
othe:t cooperating nations protect thelr n1tiollSl and theil:'

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UNITED ST1TES DEPARTMENT OF STATE
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REVIEW AUTHORITY: SHARON E AHMAD "
DATE/CASE!ID: 07 APR 2005 200303827 UNCLASSIFIED

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citizens, from such further terrorist attacks dependa in significant part upon using the United States Armed Forces to identify terrorists and those who support them, to disrupt their activitietl, and to elilllin~t6 their ability t;"o conduct or
support such attacks.
(e)
~o protect the United States and its citi%ene, and for the effective conduct of military ope~atioOB and prevention of terrorist attacks, it ia neceasary for individuals subje~t to this order pursuant to section 2 hereof to be detained, and, when .tried. to be tried for violations of the lawa of ....ar and other applicable laws by military tribunals,

(f)
Given the danger to the safety·of the Unit~d States and the nature of international terrorism. and to the cxtent provided by and under thi~ o~er. I find conaietent witn section 835 at title 10, United States Code. that it is noe practicable to apply in milicary commissions under thi~ order the pri~clples of law and the rules of 9videnc~ generally recognized in the trial of criminal casea in the United States district courts.

(g)
Having fully considered the ~gni~ude of the potential . .....r. deaths. ~njuriea, and p~perty destruction that would result . from pocential acts of terrorism against the United states, and the probability that such acts will occur, r hav~ determined that an extraordinary emergency exist·s· for nat10nal defense purposes, tha~ this emergancy constitutes an urgent and compelling govern­ment intersst. and that iSl;luance of thi~ o;(der iEl. neceasary to

meet the emergency. ~,~. Cefinition and Policy.
(a) The term "individual subject to this order" shall mean any individual who is not a united States citizen with respect to whom I determine from time to time in writi~g that:
(I) the there is reason to believe that such indiyidual, relevant times, (il is or was it member of the. organization known al Qaida; at as
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(i~l h&s ~ngaged in, &~ded or abetted, or conspired to commit, acta of int"rn"tional terrorism,' or act~ in preparation th~r~for. that have caused, th~eaten to cause, or have as their aim to cause, injury to
or adverse effecta on the United states. ita citizens, national aecurity, foreign policy, or economy: or
(iii) hae knowingly h~bored one or more individuals described in subparagraphs (il or (11) of 9ubge~tion 2(a) (1) of this order; and
(2) it is in the 1ntereet of the united States thqt
such individual be subject to this order.

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(bl rt i~ the policy of the Unite~ Scates that the
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Secretary of Defense shall take all necessary measures to
ensure that any individual subject to thie order is detained

, in accordance'with section 3, and, if the individual ia to be cried, that such individual ia tried only in accordance with section 4.
(el It is further the policy of the united St~tea that any individual subject to this' order who is not already under the control of,the secretary of Defense but' who ia undat the control of any other oft~cer or agent of the united Scates or .?, a.I~y Stat::e shall.. upon delivery of a c:opy of such' written
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determination to such officer 'or'agent, forthwith be placed under the control of the 6ecr~tary ~~ Defe~e, Sec.~. Detention AuthQrity of the S9cretary ot pefenae, Any individual subject to this Qrder ahall be
(a)
de~ained at an,appropriate location degignated by
the Secretary of Defense outside or ..ithin the united States:,

(b)
treated humanely, without any:adveree distinction based on race. color. religion, gender,lpirth, wealtb, or any similar ariteri~i

(el afforded adequ~te food, drinking water, ahelt.er" clothing, and medical treatment;

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(dl allowed' the free exerdse of religion consistent
wich the requirements of such detent.ion'; and
(e)
detained in accordance with s~ch other con.ciitions
as the Secretary of Defen~e may prescribe.
~,J.. AllChQrity at the Secretary of DefeDse Regarding
Irial~ of Individu~lg subject tq this Order.
(a.) AIly individual ~ject to chis order sha.ll, when tried. be tried by milita~ commission for any ~nd all offenses triable by military commission that aucn individual ia alleged to h&ve committed, and may be punished in accordanc~ w1th the penalties ~rovided under applicable la~. including life imprisonment or death.
(b) As a military function and in light of the findings in aection 1, including subsection (f) thereof, the pecretary of Defense shall issue auch orders and regulation9, i~cluding orders for the appointment of one or mere military commissions. as may be necessary to carq out subeection Car of this Bectien.
Cel Order:! and regulat.ion.e issued under ~ubsection (b) of this'section shall include. but not be limited to. ~eB fer the
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conduct of the proceedings of military commisaioas. including pretrial. trial. and poBt-tria~ p~ocedures. modes' of proof. issuance of proces8, and qualifications of attorneys, which aha11 at a minimum p,rovide for
(1)
military commiaeione to Bit at any time and any place. c~nsistent with such guidance regarding time, ~place ae the S~cretary of DeEenBe may provide;

(2)
a full and fair trial, with the military commission sitting as the triers of both fact anQ law;

(3)
admission of eu,ch evidence as would, in the opinion of the presiding officer of t~ military commiSSion (or inst:ead, if any oc:he,r member of the C'ommi8a.ion BO requests at the time the presiding officer renders that opinion, the opinion of the commission rendered at that time by a maJority of, ~ co~ssion), have probati~ value co

a reasonable p~rsen:
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(4) in a manner consistent with t~e protection of information classified or classifiable ~der ExBcutive
Order 12958 of April 17, 1995, as amerJed, o~.any
auccessor B~ecutivB Order, protected by statute or rule from unauthorized dieclosure , or otherwise ~rctectBd by law. (A) tne handling of, admission into evidence of. and accese to ~aterials and information, and (8) the ccnduct. closure of. and access to proceedings;
(5)
conduct of the prosecutioQ by one or more attorneys ~es1gnated by ehe secretary of Defense and conduct of the qefenee by attorneys far the individual sUbject to this order:

(6)
conviction op.ly upon the concurrence of c"oIO-thirds of the members of Che co~ssion prosent at the time of ~he vots, a ~jority being present;

(7)
~Bntenciog only upon the concurrence of two-thirds of th~ members of the co~~ieeioo present at the time of che vote, a.majority being present; and cal submission of the record?f the trial. including any

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conviction or sentence, for review and final decision by me or ~ the Secret~~ af Oe~enae 1f so deaignaced hy me
for that purpose.
Sec.~. Qbt;aation Qf ather ~enciee to ABqia~ the

Sec~etary of Defegq~.
Departments, agencies, entitiea. and officers of the United States shall, to the maxinrum extent pennltted by law. provide to tue Secretary of Detense e~ch as~1~tan?e AS he ~~y
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request to impleltl~t this ordel:'.
~.~. ~tionalAnthorities of the Secretary of Defen§~.
Cal As a military flUlction and in light of t:he findings in section 1, the Secreta~ of Defense shall iasue auch orders and regulations as may be necessary to carry out any of the provisions of this order.

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.(b) The Secretary of Defense may perform any of hie functions or duties, and may exercise any of the power9 provided to him under this o~der (other than under section 4(c) (Bl hereofI in accordance wi~b section 113(d) of title 10, United ~tateB Code.
~. .:z.. Relationship to Other Law and E'orU!'!llil.
(a) Nothing in this order shall be con8tru~d to '-­
(1)
authorize the disclosure of state secrets to any pe~Bon noe otherwise authorized to have access to them;

(2)
limit the authority of the P~eaident as Co~~ander

in Chief of th~ Armed Forces or the power of the President . to grant reprieves a'nd pardonsi or
(3)
limit the lawful authority of the Secretary of Defense, any military commander, or any other officer or agent: of t:he United State~ or of any State to detain or try any person who is flOt an individual subject to this order.

(b)
With re~pect to any individualleubjBcc to t~8 order

(1) milit~ry tribunals ehall have exclusive jur~Sd1ction with respect to o!feos6B by the indiVidual; and
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(2) che individUal shall not be privileged to ~eek any remedy. or maintain any proceeding.jdirectly or indirectly,
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or to hav'c any such remedy or proc~eding sought on the
indivIdual'g behalf,· in (i) any coUrt of the United States,
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or' any state thereof, (il) any court of any rore~gn nation,
or (iii) any international tribunal,
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(e) This order is not; int;ended to; zwd doeB not crc"te any right. benefit, or priVilege, eubGt~tive o~ procedural,
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enforceable at law or equity by any party, against the United States, its depa~menta, dgencie1, or other entities, ite officers or employee~, or any other/person.
Cd) For purposes of. thia order, the term NState~
includes any State, district, territory; or posses9ion of
the United States.
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(el I r~ae~e the authority to diroct ~he Secretary ot Defense, at any time h~reafter. Co transf~r to a gov~rnmental authority control of any indi~idual subject to this order.
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Nothing in this order shall be conatru~d to li~t the authority
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of any such governmental authority to prosecute any individual for whom control is transferred.
~.~. Publicatioq.
This order ehall be published in ~e Federal Regi~te~.

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TIm WHITE HOUSE,

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