§ 822. Art. 22. Who may convene general courts-martial

775 words·~4 min read·/usc/title-10/section-822

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General courts-martial may be convened by—

(1)the President of the United States;

(2)the Secretary of Defense;

(3)the commanding officer of a unified or specified combatant command;

(4)the Secretary concerned;

(5)the commanding officer of an Army Group, an Army, an Army Corps, a division, a separate brigade, or a corresponding unit of the Army or Marine Corps;

(6)the commander of a fleet; the commanding officer of a naval station or larger shore activity of the Navy beyond the United States;

(7)the commanding officer of an air command, an air force, an air division, or a separate wing of the Air Force or Marine Corps, or the commanding officer of a corresponding unit of the Space Force;

(8)any other commanding officer designated by the Secretary concerned; or

(9)any other commanding officer in any of the armed forces when empowered by the President.

(1)If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.

(2)A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.

(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 99–433, title II, § 211(b), Oct. 1, 1986, 100 Stat. 1017; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 114–328, div. E, title LV, § 5181, Dec. 23, 2016, 130 Stat. 2899; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(A), Jan. 1, 2021, 134 Stat. 3824; Pub. L. 117–81, div. A, title V, § 534(a), Dec. 27, 2021, 135 Stat. 1696.)

Subsection (a)(2) is substituted for the words “the Secretary of a Department”.

In subsection (a)(4), the words “continental limits of the” are omitted, since section 101(1) of this title defines the United States to include the States and the District of Columbia.

In subsection (a)(6), the words “any other commanding officer” are substituted for the words “such other commanding officers as may be”.

In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.

Connections10 cite this · traces to 6

Cited by 10 sections

public-private-law

U.S. Code