due process of law,792 and the Sixth Amendment provides for the right to a public trial by an impartial jury.793 The applicability of these Constitutional Amendments to the military commissions at Guantánamo has not been definitively determined or ruled upon by domestic courts. 342. Under the applicable law and regulations, military commissions are convened by the Secretary of Defense or his designee.794 The Office of this Convening Authority is under the “authority, direction, and control of the Secretary of Defense” and consists primarily of the Convening Authority, the Director of the Office of the Convening Authority and the Legal Advisor to the Convening Authority.795 The Convening Authority has multiple other roles, including, among others: referring charges to a military commission;796 detailing the Chief Trial Judge;797 detailing members (jurors) for each trial;798 entering into a pretrial agreement with an accused where applicable;799 and modifying the findings and sentence of a military commission by dismissing a charge or specification or changing a finding of guilty to a lesser offense where applicable.800 343. Military judges and members (jurors) of military commissions are commissioned officers of the armed forces.801 The Chief Trial Judge is personally selected by the Convening Authority from a pool of certified military judges,802 and in turn details military judges for each commission.803 The military judge may be challenged by the defence or prosecution for cause.804 Any military judge may also be changed by the Chief Trial Judge prior to the assembly of the jury, without cause.805 Members who are deemed as “best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament” are selected by the Convening Authority among a list of available officers on active duty.806 They are to determine the guilt of the accused and, if necessary, his or her sentence in light of available evidence and in accordance with the military judge’s instructions.807 For this reason, members of the jury are not to have any previous connection to either the charged crime or to the accused.808 The prosecution and defence 792 “No person shall (…) be deprived of life, liberty, or property, without due process of law”. US Constitution, Fifth Amendment. 793 “In all criminal prosecutions, the accused shall enjoy the right to a (…) public trial, by an impartial jury (…)”.US Constitution, Sixth Amendment. 794 MCA 2009, § 948h; RMC, Rule 504. 795 Regulation for Trial by Military Commission (RTMC), 6 November 2011, Regulation 2-1. 796 RMC, Rule 601. A distinction is to be made between the swearing and referring of the charges. The Convening Authority does not swear the charges. Charges “will normally be sworn by an appropriate official in the office of the Chief Prosecutor of the Office of Military Commissions”. RTMC, Regulation 3-1. 797 RMC, Rule 503(b)(2). 798 MCA 2009, § 948i(b); RMC Rule 503(a). 799 RMC, Rule 705. 800 MCA 2009, § 950b(c), RMC Rule 1107(c). 801 MCA 2009, § 948i(a); RMC, Rule 502(a)(1) and (c)(1); MCA 2009, § 948j(b). 802 RMC, Rule 503(b)(2). 803 RMC, Rule 503(b)(1). 804 In such case, the military judge will determine the relevance and validity of the challenges for cause. MCA 2009, §949f(a). 805 RMC, Rule 505(e)(1). 806 MCA 2009, § 948i(b); RMC, Rule 503(a)(1). 807 RMC, Rule 502(a)(2). 808 MCA 2009, § 948i(b). 149