--- kind: "section" citation: "10 U.S.C. § 950f" title: "10" title_heading: "Armed Forces" number: "950f" heading: "Review by United States Court of Military Commission Review" release: "119-102" url: "https://uscodex.org/usc/10/950f" units: - "Subtitle A — General Military Law" - "Part II — Personnel" - "Chapter 47A — Military Commissions" - "Subchapter VII — Post-Trial Procedure and Review of Military Commissions" --- # §950f. Review by United States Court of Military Commission Review - (a) **Establishment.—** There is a [court](/usc/10/704.md?p=c-3-A) of record to be known as the “[United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commission Review” (in this section referred to as the “[Court](/usc/10/704.md?p=c-3-A)”). The [Court](/usc/10/704.md?p=c-3-A) shall consist of one or more panels, each composed of not less than three judges on the [Court](/usc/10/704.md?p=c-3-A). For the purpose of reviewing decisions of military commissions under this chapter, the [Court](/usc/10/704.md?p=c-3-A) may sit in panels or as a whole, in accordance with rules prescribed by the Secretary of Defense. - (b) **Judges.—** - (1) Judges on the [Court](/usc/10/704.md?p=c-3-A) shall be assigned or appointed in a manner consistent with the provisions of this subsection. - (2) The Secretary of Defense may assign persons who are appellate [military judges](/usc/10/801.md?p=10) to be judges on the [Court](/usc/10/704.md?p=c-3-A). Any judge so assigned shall be a [commissioned officer](/usc/10/101.md?p=b-2) of the [armed forces](/usc/10/101.md?p=a-4), and shall meet the qualifications for [military judges](/usc/10/801.md?p=10) prescribed by [section 948j(b) of this title](/usc/10/948j.md?p=b). - (3) The President may appoint, by and with the advice and consent of the Senate, additional judges to the [United States](/usc/10/101.md?p=a-1) [Court](/usc/10/704.md?p=c-3-A) of Military Commission Review. - (4) No person may serve as a judge on the [Court](/usc/10/704.md?p=c-3-A) in any case in which that person acted as a [military judge](/usc/10/801.md?p=10), counsel, or reviewing official. - (5) - (A) For purposes of sections [203](/usc/18/203.md), [205](/usc/18/205.md), [207](/usc/18/207.md), [208](/usc/18/208.md), and [209](/usc/18/209.md) of title 18, the term “special Government employee” shall include a judge of the [Court](/usc/10/704.md?p=c-3-A) appointed under [paragraph (3)](#b-3). - (B) A person appointed as a judge of the [Court](/usc/10/704.md?p=c-3-A) under [paragraph (3)](#b-3) shall be considered to be an [officer](/usc/10/101.md?p=b-1) or employee of the [United States](/usc/10/101.md?p=a-1) with respect to such person’s status as a judge, but only during periods in which such person is performing the duties of such a judge. Any provision of law that prohibits or limits the political or business activities of an employee of the [United States](/usc/10/101.md?p=a-1) shall only apply to such a judge during such periods. - (6) - (A) The term of an appellate [military judge](/usc/10/801.md?p=10) assigned or appointed to the [Court](/usc/10/704.md?p=c-3-A) under this subsection shall expire on the earlier of the date on which— - (i) the judge leaves [active duty](/usc/10/101.md?p=d-1); or - (ii) the judge is reassigned to other duties in accordance with [section 949b(b)(4) of this title](/usc/10/949b.md?p=b-4). - (B) The term of a civilian judge of the [Court](/usc/10/704.md?p=c-3-A) appointed under [paragraph (3)](#b-3) shall expire on the date that is 10 years after the date on which the judge was appointed. - (7) Judges of the [Court](/usc/10/704.md?p=c-3-A) may be removed from office by the President (in the case of a judge appointed under [paragraph (3)](#b-3)) or the Secretary of Defense (in the case of an appellate [military judge](/usc/10/801.md?p=10) assigned under [paragraph (2)](#b-2)) upon notice and hearing, for— - (A) neglect of duty; - (B) misconduct; or - (C) mental or physical disability. - (c) **Cases To Be Reviewed.—** The [Court](/usc/10/704.md?p=c-3-A) shall, in accordance with procedures prescribed under regulations of the Secretary, review the record in each case that is referred to the [Court](/usc/10/704.md?p=c-3-A) by the convening authority under [section 950c of this title](/usc/10/950c.md) with respect to any matter properly raised by the accused. - (d) **Standard and Scope of Review.—** In a case reviewed by the [Court](/usc/10/704.md?p=c-3-A) under this section, the [Court](/usc/10/704.md?p=c-3-A) may act only with respect to the findings and sentence as approved by the convening authority. The [Court](/usc/10/704.md?p=c-3-A) may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the [Court](/usc/10/704.md?p=c-3-A) finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, the [Court](/usc/10/704.md?p=c-3-A) may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the military commission saw and heard the witnesses. - (e) **Rehearings.—** If the [Court](/usc/10/704.md?p=c-3-A) sets aside the findings or sentence, the [Court](/usc/10/704.md?p=c-3-A) may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If the [Court](/usc/10/704.md?p=c-3-A) sets aside the findings or sentence and does not order a rehearing, the [Court](/usc/10/704.md?p=c-3-A) shall order that the charges be dismissed. ## Source credit (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2603; amended Pub. L. 112–81, div. A, title X, § 1034(c), Dec. 31, 2011, 125 Stat. 1573; Pub. L. 115–91, div. A, title X, § 1082, Dec. 12, 2017, 131 Stat. 1602; Pub. L. 115–232, div. A, title V, § 541(a), Aug. 13, 2018, 132 Stat. 1761; Pub. L. 118–159, div. A, title V, § 567(a), Dec. 23, 2024, 138 Stat. 1905.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 950f, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2621; amended Pub. L. 110–181, div. A, title X, § 1063(a)(6), Jan. 28, 2008, 122 Stat. 322, related to review by Court of Military Commission Review, prior to the general amendment of this chapter by Pub. L. 111–84. ### Amendments 2024—Subsec. (b)(6). Pub. L. 118–159, § 567(a)(1), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and realigned margins; substituted “The term of an appellate military judge assigned or appointed to the Court under this subsection” for “The term of an appellate military judge assigned to the Court under paragraph (2) or appointed to the Court under paragraph (3)”; and added subpar. (B). Subsec. (b)(7). Pub. L. 118–159, § 567(a)(2), added par. (7). 2018—Subsec. (b)(6). Pub. L. 115–232 added par. (6). 2017—Subsec. (b)(5). Pub. L. 115–91 added par. (5). 2011—Subsec. (a). Pub. L. 112–81 substituted “judges on the Court” for “appellate military judges” in second sentence. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2024 Amendment Pub. L. 118–159, div. A, title V, § 567(b), Dec. 23, 2024, 138 Stat. 1905, provided that: In general.—The amendments made by subsection (a) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2024]. Applicability to existing civilian judges.—The term of any civilian judge of the United States Court of Military Commission Review who will have served as such a judge for a period of 10 or more years as of the effective date described in paragraph (1) shall expire on such effective date.” ### Effective Date of 2018 Amendment Pub. L. 115–232, div. A, title V, § 541(b), Aug. 13, 2018, 132 Stat. 1762, provided that: “The amendment made by subsection (a) [amending this section] shall apply to each judge of the United States Court of Military Commission Review serving on that court on the date of the enactment of this Act [Aug. 13, 2018] and each judge assigned or appointed to that court on or after such date.”