Related Rule
United States of America
Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
The US Field Manual (1956) reproduces Article 106 of the 1949 Geneva Convention III. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 182.
The manual also uses the same wording as Article 73 of the 1949 Geneva Convention IV. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 443.
The US Air Force Pamphlet (1976) provides that there are provisions in the 1949 Geneva Convention III which “grant [the prisoner of war] the right of appeal”. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 13-8.
The Pamphlet further states with respect to protected persons arrested for criminal offences: “Among other rights, accused persons are assured the right … to appeal”. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 14-6.
The US Manual for Military Commissions (2007) states:
Appellate proceedings.
(1) Appellate counsel. The parties shall be represented before appellate courts in proceedings under this rule as provided in R.M.C. 1202. Appellate Government counsel shall diligently prosecute an appeal under this rule. Neither party has a right to oral argument under this rule.
(2) Court of Military Commission Review. A government appeal shall, whenever practicable, have priority over all other proceedings before the Court of Military Commission Review. In determining a government appeal, the Court may take action only with respect to matters of law.
(3) Action following decision of Court of Military Commission Review. After the Court of Military Commission Review has decided any appeal, the accused may petition for review by the United States Court of Appeals for the District of Columbia Circuit or the United States may appeal an adverse ruling to the United States Court of Appeals for the District of Columbia Circuit. The parties shall be notified of the decision of the Court of Military Commission Review promptly. If the decision is adverse to the accused, the accused shall be notified of the decision and of the right to petition the United States Court of Appeals for the District of Columbia Circuit for review within 20 days. 
United States, Manual for Military Commissions, published in implementation of the Military Commissions Act of 2006, 10 U.S.C. §§ 948a, et seq., 18 January 2007, Part II, Rule 908(c)(1)–(3), p. II-91.
The US Manual for Military Commissions (2010) states:
Notice concerning post-trial and appellate rights
(a) In each military commission, prior to adjournment, the military judge shall ensure that the defense counsel has informed the accused orally and in writing of:
(1) The right to submit matters to the convening authority to consider before taking action;
(2) The right to appellate review, as applicable, and the effect of waiver or withdrawal of such right;
(3) The right to the advice and assistance of counsel in the exercise of the foregoing rights or any decision to waive them.
(b) The written advice to the accused concerning post-trial and appellate rights shall be signed by the accused and the defense counsel and inserted in the record of trial as an appellate exhibit. 
United States, Manual for Military Commissions, published in implementation of Chapter 47A of Title 10, United States Code, as amended by the Military Commissions Act of 2009, 10 U.S.C, §§ 948a, et seq., 27 April 2010, Rule 1010, p. II-137.
The manual also states:
Matters submitted by the accused
(a) In general. After a sentence is adjudged, the accused may submit to the convening authority any matters that may reasonably tend to affect the convening authority’s decision whether to disapprove any findings of guilty or to approve the sentence. The convening authority is only required to consider written submissions. 
United States, Manual for Military Commissions, published in implementation of Chapter 47A of Title 10, United States Code, as amended by the Military Commissions Act of 2009, 10 U.S.C, §§ 948a, et seq., 27 April 2010, Rule 1105(a), p. II-148.
The manual further states:
Further review
(a) Petition to the United States Court of Appeals for the District of Columbia Circuit by the Accused. The accused may petition for review of the decision of the United States Court of Military Commission Review if such petition is filed within 20 days after the date on which—
(1) written notice of the final decision of the United States Court of Military Commission Review is served on the accused or on defense counsel, whichever is earlier; or
(2) the accused submits, in the form prescribed by R.M.C. [Rules for Military Commissions] 1110, a written notice waiving the right of the accused to review by the United States Court of Military Commissions Review. 
United States, Manual for Military Commissions, published in implementation of Chapter 47A of Title 10, United States Code, as amended by the Military Commissions Act of 2009, 10 U.S.C, §§ 948a, et seq., 27 April 2010, Rule 1205(a), p. II-164.
The US Military Commissions Act (2006), passed by Congress following the Supreme Court’s decision in Hamdan v. Rumsfeld in 2006), amends Title 10 of the United States Code as follows:
§ 948b. Military commissions generally
“(a) PURPOSE.—This chapter establishes procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against the United States for violations of the law of war and other offenses triable by military commission.
“ …
§ 950b. Review by the convening authority
“(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SENTENCE.—The findings and sentence of a military commission under this chapter shall be reported in writing promptly to the convening authority after the announcement of the sentence.
“(b) SUBMITTAL OF MATTERS BY ACCUSED TO CONVENING AUTHORITY.—
“(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence of the military commission under this chapter. 
United States, Military Commissions Act, 2006, Public Law 109-366, Chapter 47A of Title 10 of the United States Code, 17 October 2006, pp. 120 Stat. 2602 and 2618, §§ 948b(a) and 950b(a) and (b).
The US Regulation for Trial by Military Commissions (2007), designed to facilitate the day-to-day functioning of US Military Commissions by implementing the provisions of the Military Commissions Act of 2006 and the Manual for Military Commissions, states:
After the sentence is adjudged, the accused may submit any matters to the convening authority that may reasonably tend to affect the convening authority’s decision whether to disapprove any findings of guilty or to approve the sentence. The convening authority is only required to consider written submissions. 
United States, Regulation for Trial by Military Commissions, 27 April 2007, § 23-3.a, pp. 149–150.
The Regulation also states:
After the convening authority’s action in each case in which a conviction results, the convening authority will forward the complete, original record of trial, as well as two copies of that record, to the Clerk of Court, Court of Military Commission Review … Those records will be accompanied by a transmittal letter containing the identifying data for the accused, the dates of trial, and the date of the convening authority’s action, as well as any subsequent action.
Appellate review is mandatory for any case in which the convening authority has approved a sentence of death. 
United States, Regulation for Trial by Military Commissions, 27 April 2007, § 24-2 and 24-3.e, pp. 156–157.
The Regulation further states:
Pursuant to 10 U.S.C. § 950g(a), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of the final judgment rendered by a military commission. 
United States, Regulation for Trial by Military Commissions, 27 April 2007, § 26-1, p. 172.
In addition, the Regulation states:
REVIEW BY THE UNITED STATES SUPREME COURT
a. The United States Supreme Court may review the final judgment of the Court of Appeals for the District of Columbia Circuit by writ of certiorari pursuant to 28 U.S.C. § 1257.
b. The accused has 90 days from the date of entry of the final judgment of the Court of Appeals to file a petition for a writ of certiorari.  
United States, Regulation for Trial by Military Commissions, 27 April 2007, § 26-3.a and b, p. 173.
The US Military Commissions Act (2009) amends Chapter 47A of Title 10 of the United States Code as follows:
§ 950b. Review by the convening authority
“(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SENTENCE.—
The findings and sentence of a military commission under this chapter shall be reported in writing promptly to the convening authority after the announcement of the sentence.
“(b) SUBMITTAL OF MATTERS BY ACCUSED TO CONVENING AUTHORITY.—(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence of the military commission under this chapter. …
“(c) ACTION BY CONVENING AUTHORITY.—(1) The authority under this subsection to modify the findings and sentence of a military commission under this chapter is a matter of the sole discretion and prerogative of the convening authority.
“ …
“(3)
“(C) In taking action under this paragraph, the convening authority may, in the sole discretion of the convening authority, approve, disapprove, commute, or suspend the sentence in whole or in part. The convening authority may not increase a sentence beyond that which is found by the military commission. 
United States, Military Commissions Act, 2009, § 950b(a), (b), (c)(1) and (c)(3)(C).
The Act also states:
§ 950c. Appellate referral; waiver or withdrawal of appeal
“(a) AUTOMATIC REFERRAL FOR APPELLATE REVIEW.—Except as provided in subsection (b), in each case in which the final decision of a military commission under this chapter (as approved by the convening authority) includes a finding of guilty, the convening authority shall refer the case to the United States Court of Military Commission Review. Any such referral shall be made in accordance with procedures prescribed under regulations of the Secretary.
“(b) WAIVER OF RIGHT OF REVIEW.—(1) Except in a case in which the sentence as approved under section 950b of this title extends to death, an accused may file with the convening authority a statement expressly waiving the right of the accused to appellate review by the United States Court of Military Commission Review under section 950f of this title of the final decision of the military commission under this chapter. 
United States, Military Commissions Act, 2009, § 950c(a) and (b)(1).
The Act further states:
§ 950g. Review by United States Court of Appeals for the District of Columbia Circuit; writ of certiorari to Supreme Court
“(a) EXCLUSIVE APPELLATE JURISDICTION.—Except as provided in subsection (b), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of a final judgment rendered by a military commission (as approved by the convening authority and, where applicable, the United States Court of Military Commission Review) under this chapter.
“(b) EXHAUSTION OF OTHER APPEALS.—The United States Court of Appeals for the District of Columbia Circuit may not review a final judgment described in subsection (a) until all other appeals under this chapter have been waived or exhausted. 
United States, Military Commissions Act, 2009, § 950g(a) and (b).