United States Code (Last Updated: May 24, 2014) |
Title 10. ARMED FORCES |
SubTitle A. General Military Law |
Part II. PERSONNEL |
Chapter 47. UNIFORM CODE OF MILITARY JUSTICE |
SubChapter IV. COURT-MARTIAL JURISDICTION |
§ 818. Art. 18. Jurisdiction of general courts-martial
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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 a noncapital case.
Amendments
Pub. L. 113–66, div. A, title XVII, § 1705(b), (c),
(1) by inserting “(a)” before the first sentence;
(2) in the third sentence, by striking “However, a general court-martial” and inserting the following: “(b) A general court-martial”; and
(3) by adding at the end the following new subsection:
(c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).
See 2013 Amendment note below.
Historical And Revision
Historical and Revision Notes | ||
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
818 | 50:578. | May 5, 1950, ch. 169, § 1 (Art. 18), 64 Stat. 114. |
The word “shall” is omitted as surplusage wherever it occurs.
Amendments
2013—Pub. L. 113–66 designated the first two sentences as subsec. (a), designated third sentence as subsec. (b) and substituted “A general court-martial” for “However, a general court-martial”, and added subsec. (c).
1968—Pub. L. 90–632 provided that a general court-martial consisting of only a military judge has no jurisdiction in cases in which the death penalty may be adjudged unless the case has been previously referred to trial as a noncapital case.
Effective Date Of Amendment
Pub. L. 113–66, div. A, title XVII, § 1705(c),
Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.