816. 16. Courts-Martial classified.
817. 17. Jurisdiction of courts-martial in general
818. 18. Jurisdiction of general courts-martial.
819. 19. Jurisdiction of special courts-martial.
820. 20. Jurisdiction of summary courts-martial.
821. 21. Jurisdiction of courts-martial not exclusive.
816. ART. 16. COURT-MARTIAL CLASSIFIED
The three kinds of courts-martial in each of the armed forces are--
(1) general courts-martial, consisting of--
(A) a military judge and not less than five members; or
(B) only a military judge, if before the court is assembled the
accused, knowing the identity of the military judge and after
consultation with defense counsel, requests orally on the record
or in writing a court composed only of a military judge and the
military judge approves;
(2) special courts-martial, consisting of--
(A) not less than three members; or
(B) a military judge and not less than three members; or
(C) only a military judge, if one has been detailed to the court,
and the accused under the same conditions as those prescribed in
clause (1)(B) so requests; and
(3) summary courts-martial, consisting of one commissioned officer.
817. ART. 17. JURISDICTION OF COURTS-MARTIAL IN GENERAL
(a) Each armed force has court-martial jurisdiction over all persons
subject to this chapter. The exercise of jurisdiction by one armed force
over personnel of another armed force shall be in accordance with
regulations prescribed by the President.
(b) In all cases, departmental review after that by the officer with
authority to convene a general court-martial for the command which held the
trial, where that review is required under this chapter, shall be carried
out by the department that includes the armed force of which the accused is
a member.
818. ART. 18. JURISDICTION OF GENERAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), general courts-martial
have jurisdiction to try persons subject to this chapter for any offense
made punishable by this chapter and may, under such limitations as the
President may prescribe, adjudge any punishment not forbidden by this
chapter, including the penalty of death when specifically authorized by
this chapter. General courts-martial also have jurisdiction to try any
person who by the law of war is subject to trial by a military tribunal and
may adjudge any punishment permitted by the law of war. However, a general
court-martial of the kind specified in section 816(1)(B) of this title
(article 16(1)(B)) shall not have jurisdiction to try any person for any
offense for which the death penalty may be adjudged unless the case has
been previously referred to trial as noncapital case.
ART. 19. JURISDICTION OF SPECIAL COURTS-MARTIAL
Subject to section 817 of this title (article 17), special courts-martial
have jurisdiction to try persons subject to this chapter for any noncapital
offense made punishable by this chapter and, under such regulations as the
President may prescribe, for capital offenses. Special courts-martial may,
under such limitations as the President may prescribe, adjudge any
punishment not forbidden by this chapter except death, dishonorable
discharge, dismissal, confinement for more than six months, hard labor
without confinement for more than three months, forfeiture of pay exceeding
two-thirds pay per month, or forfeiture of pay for more than six months. A
bad-conduct discharge may not be adjudged unless a complete record of the
proceedings and testimony has been made, counsel having the qualifications
prescribed under section 827(b) of this title (article 27(b)) was detailed
to represent the accused, and a military judge was detailed to the trial,
except in any case in which a military judge could not be detailed to the
trial, the convening authority shall make a detailed written statement, to
be appended to the record, stating the reason or reasons a military judge
could not be detailed.
820 ART. 20. JURISDICTION OF SUMMARY COURTS-MARTIAL
Subject to section 817 of this title (article 17), summary courts-martial
have jurisdiction to try persons subject to this chapter, except officers,
cadets, aviation cadets, and midshipman, for any noncapital offense made
punishable by this chapter. No person with respect to whom summary courts-
martial have jurisdiction may be brought to trial before a summary court-
martial if he objects thereto. If objection to trial by summary court-
martial is made by an accused, trial may be ordered by special or general
court-martial as may be appropriate. Summary courts-martial may, under
such limitations as the President may prescribe, adjudge any punishment not
forbidden by this chapter except death, dismissal, dishonorable or bad-
conduct discharge, confinement for more than one month, hard labor without
confinement for more than 45 days, restrictions to specified limits for
more than two months, or forfeiture of more than two-thirds of one month's
pay.
821. ART. 21. JURISDICTION OF COURTS-MARTIAL NOT EXCLUSIVE
The provisions of this chapter conferring jurisdiction upon courts-
martial do not deprive military commissions, provost courts, or other
military tribunals of concurrent jurisdiction with respect to offenders or
offenses that by statute or by the law of war may be tried by military
commissions, provost courts, or other military tribunals.
