--- 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" date: "2026-07-12" 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 of [record](/usc/10/801.md?p=14) to be known as the “[United States](/usc/10/101.md?p=a-1) Court of [Military](/usc/10/801.md?p=8) Commission Review” (in this section referred to as the “Court”). The Court shall consist of one or more panels, each composed of not less than three judges on the Court. For the purpose of reviewing decisions of [military](/usc/10/801.md?p=8) commissions under this chapter, the Court may sit in panels or as a whole, in accordance with rules prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense. - (b) **Judges.—** - (1) Judges on the Court shall be assigned or appointed in a manner consistent with the provisions of this subsection. - (2) The [Secretary](/usc/10/4951.md?p=3) of Defense may assign [persons](/usc/10/2700.md?p=2) who are appellate [military judges](/usc/10/801.md?p=10) to be judges on the Court. 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 of [Military](/usc/10/801.md?p=8) Commission Review. - (4) No [person](/usc/10/2700.md?p=2) may serve as a judge on the Court in any case in which that [person](/usc/10/2700.md?p=2) 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 appointed under [paragraph (3)](#b-3). - (B) A [person](/usc/10/2700.md?p=2) appointed as a judge of the Court 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](/usc/10/2700.md?p=2)’s status as a judge, but only during periods in which such [person](/usc/10/2700.md?p=2) 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 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 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 may be removed from office by the President (in the case of a judge appointed under [paragraph (3)](#b-3)) or the [Secretary](/usc/10/4951.md?p=3) 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 shall, in accordance with procedures prescribed under regulations of the [Secretary](/usc/10/4951.md?p=3), review the [record](/usc/10/801.md?p=14) in each case that is referred to the Court 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 under this section, the Court may act only with respect to the findings and sentence as approved by the convening authority. The Court may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as the Court finds correct in law and fact and determines, on the basis of the entire [record](/usc/10/801.md?p=14), should be approved. In considering the [record](/usc/10/801.md?p=14), the Court may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the [military](/usc/10/801.md?p=8) commission saw and heard the witnesses. - (e) **Rehearings.—** If the Court sets aside the findings or sentence, the Court may, except where the setting aside is based on lack of sufficient evidence in the [record](/usc/10/801.md?p=14) to support the findings, order a rehearing. If the Court sets aside the findings or sentence and does not order a rehearing, the Court 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.”