---
title: 'Rules for Military Tribunals'
description: 'New York Times Thursday, March 21, 2002 A comparison of some rules for military tribunals for terrorism suspects with courts-martial and civilian courts.'
canonical: 'https://deathpenaltyinfo.org/stories/rules-for-military-tribunals'
section: stories
date: '2002-03-21T00:00:00-05:00'
updated: '2025-03-14T14:56:57-04:00'
source: 'Death Penalty Information Center'
---

New York Times  
Thursday, March 21, 2002

A comparison of some rules for military tribunals for terrorism suspects with courts-martial and civilian courts.

|  | **RIGHT TO COUNSEL** | **COMPOSITION OF JURY** | **VOTE REQUIRED TO CONVICT** | **RULES OF EVIDENCE** | **VENUE FOR APPEALS** |
|---|---|---|---|---|---|
| **CIVILIAN FEDERAL COURTS** | Accused chooses own lawyer, or one is provided if the accused cannot afford one. | 12 members drawn at random. | Unanimous decision to convict and to impose sentence, including the death penalty. | Strict federal rules of evidence apply, including of custody chain of evidence. | United States Court of Appeals, then the Supreme Court |
| **COURTS- MARTIAL** | Government provides a military lawyer; accused can request one of own choosing. Can also pay for a civilian lawyer. | For serious offenses, at least five military members selected by the commanding officer. | Two-thirds vote to convict in non-capital cases; unanimous vote required for conviction and sentencing in death penalty cases. | Strict military rules of evidence apply, virtually identical to the federal rules of evidence. | Cases are subject to review by military Court of Criminal Appeals, the Court of Appeals for Armed Forces and then the Supreme Court. |
| **MILITARY TRIBUNALS** | A military lawyer provided, and the accused can replace with one of own choosing. Accused can also pay for a civilian attorney. | Three to seven military officers appointed by the military. Seven members required for death penalty cases. | A two-thirds vote required to convict. Decision to impose the death penalty would have to be unanimous. | Evidence can be admitted if it "would have probative value to a reasonable person." | A review panel appointed by the Secretary of Defense, which could include civilians temporarily appointed as officers. |

Sources: Administration officials (commissions); National Institute of Military Justice (courts-martial, federal courts)