This State Department memo addresses the question of applying Military Commissions to the Guantanamo detainees. The memo states 1) Military commissions are well-established in U.S. law and practice, as well as international law and practice; 2) the U.S. Supreme Court has upheld the practice in several cases, and the Europeans have used military commissions since at least the 19th century; 3) DOD's recently issued regulations provide procedural safeguards, including appellate review, consistent with U.S. and international law; and 4) the U.S. has improved its system of military justice by increasing procedural safeguards and eliminating command influence.