1 Military Order of November 13,2001: Detention, Treatment, and Trial of Certain Non-citizens in the War Against Terrorism, 3 C.F.R. 918 (2002), reprinted in 41 ILM 252 (2002).

2 See U.S. Dep’t of Defense, Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism, 68 Fed. Reg. 39,373 (July 1,2003) (to be codified at 32 CFR pt. 9), reprinted in 41 ILM 725 (2002); see also Murphy, Sean D., Contemporary Practice of the United States, 96 AJIL 731 (2002)Google Scholar. The order and associated military instructions (discussed below) may be accessed online at <http://www.defenselink.mil>.

3 For relevant Department of Defense briefings, see Dep’t of Defense News Transcript on Background Briefing on the Release of Military Commission Instructions (May 2, 2003); Dep’t of Defense News Transcript on Briefing on Military Commissions (May 22, 2003), at <http://www.defense.gov>.

4 See U.S. Dep’t of Defense, Military Commission Instructions, 68 Fed. Reg. 39,379, 39,380 (July 1, 2003) (to be codified at 32 C.F.R. §§10.4(a), 10.5.

5 Id. at 39,380 (to be codified at 32 CFR §§10.4(c), 10.6).

6 See U.S. Dep’t of Defense, Crimes and Elements of Trials by Military Commission, 68 Fed. Reg. 39,381,39,381–82 (July 1, 2003) (to be codified at 32 CFR §11.4).

7 Id. at 39,382 (to be codified at 32 C.F.R. §11.5(c)).

8 Id. at 39,382–84 (to be codified at 32 C.F.R. §11.6(a)).

9 Id. at 39,384–85 (to be codified at 32 CFR §11.6(b)).

10 Id. at 39,385–87 (to be codified at 32 CFR §11.6(c)).

11 See U.S. Dep’t of Defense, Responsibilities of the Chief Prosecutor, Prosecutors, and Assistant Prosecutors, 68 Fed. Reg. 39,387 (July 1, 2003) (to be codified at 32 C.F.R. pt. 12); U.S. Dep’t of Defense, Responsibilities of the Chief Defense Counsel, Detailed Defense Counsel, and Civilian Defense Counsel, 68 Fed. Reg. 39,389 (July 1, 2003) (to be codified at 32 C.F.R. pt. 13).

12 See U.S. Dep’t of Defense, Qualification of Civilian Defense Counsel, 68 Fed. Reg. 39,391 (July 1, 2003) (to be codified at 32 C.F.R. pt. 14). On the difficulties of obtaining applicants, see Lewis, Neil A., Rules Set Up for Terror Tribunals May Deter Some Defense Lawyers, N.Y. Times, July 13, 2003, at 1 Google Scholar; Seelye, Katharine Q., Staffing Defense at Guantánamo, N.Y. Times, May 23, 2003, at A16 Google Scholar (quoting officials of the National Association of Criminal Defense Lawyers to the effect that the rules for the commissions were so adverse to the defense that it “would be unethical for any attorney to agree to the conditions they’ve set”).

13 See U.S. Dep’t of Defense, Reporting Relationships for Military Commission Personnel, 68 Fed. Reg. 39,394 (July 1, 2003) (to be codified at 32 C.F.R. pt. 15).

14 See U.S. Dep’t of Defense, Sentencing, 68 Fed. Reg. 39,395, 39,396 (July 1, 2003) (to be codified at 32 CFR §16.3(a)).

15 See U.S. Dep’t of Defense, Administrative Procedures, 68 Fed. Reg. 39,396 (July 1, 2003) (to be codified at 32 C.F.R. pt. 17).

16 Id. at 39,398 (to be codified at 32 C.F.R. §17.6(b)).

17 See Mintz, John, List Created of Captives to Be Tried by Military Tribunals, Wash. Post, May 3, 2003, at A17.Google Scholar

18 See U.S. Dep’t of Defense News Release on President Determines Enemy Combatants Subject to His Military Order (July 3,2003), aKwww.dod.gov>. The six individuals reportedly included two UK nationals and one Australian national. See Frankel, Glenn & Mintz, John, 2 Britons, Australian Among Six Facing Trial, Wash. Post, July 5, 2003, at A13.Google Scholar

19 See U.S. Dep’t of Defense News Transcript on Background Briefing on Military Commissions (July 3, 2003), at <http://www.dod.gov>.

20 See Mintz, John, 6 Could Be Facing Military Tribunals, Wash. Post, July 4, 2003, at A1 Google Scholar.