The rules, which the department says are fair, would allow suspects to be convicted and possibly executed on the basis of hearsay evidence and some coerced testimony.

At a Pentagon briefing, Dan Dell'Orto, the deputy to the defence department's top counsel, said the new rules will "afford all the judicial guarantees which are recognised as indispensable by civilised people".

But the 238-page manual could spark a fresh confrontation between the Bush administration and the Democratic-led Congress over the treatment of terror suspects.

- Classified information

The manual states that the defence must notify the judge if it expects to disclose classified information and give the government reasonable opportunity to review it and respond.

"As a general matter, hearsay shall be admitted on the same terms as any evidence"

US defence department manual
The government can object to any questioning of witnesses that would require the disclosure of classified information.

The suspect will not be allowed to see classified material, but will be given an unclassified summary, with the judge first determining whether the summary sufficiently represents the classified material.

"When you're in the middle of a war against this enemy, you need to be particularly concerned about the disclosure of that evidence", Dell'Orto said of classified materials.

- Coercive interrogation

The manual prohibits the use of statements obtained through torture and "cruel, inhuman or degrading treatment" as prohibited by the US Constitution.

But it allows some evidence obtained through coercive interrogation techniques if obtained before December 30, 2005, and deemed reliable by a judge.

Congress and the White House agreed last year that hearsay - a witness quoting someone else - can be allowed as evidence if a judge rules that the testimony is reliable.

According to the manual, this is necessary because witnesses, such as military personnel or foreigners, may not be available to testify.

The manual states: "As a general matter, hearsay shall be admitted on the same terms as any evidence."

Dell'Orto said that since both sides of the case can admit hearsay evidence, that "levels the playing field".

In outlining the maximum punishment for various acts, the new manual includes the death penalty for people convicted of spying or taking part in a "conspiracy or joint enterprise" that kills someone.

The maximum penalty for aiding the enemy - such as providing ammunition or money - is life imprisonment.

There are almost 400 people being held at the military's prison in Guantanamo Bay, Cuba.

Thomas Hemingway, a legal adviser to the Pentagon's office on commissions, said US officials think that with the evidence they have now, they could eventually charge 60 to 80 detainees.

The defence department is currently planning trials for at least 10.