10 U.S.C. § 822 — Art. 22. Who may convene general courts-martial
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 225 words · no verdicts yet
This section lists the authorities that may convene general courts-martial. It also provides a special rule when a commanding officer is an accuser.
General courts-martial may be convened by—
the President of the United States;
the Secretary of Defense;
the commanding officer* of a unified or specified combatant command;
the Secretary concerned*;
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;
the commander of a fleet; the commanding officer of a naval station or larger shore activity of the Navy beyond the United States;
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;
any other commanding officer designated by the Secretary concerned; or
any other commanding officer in any of the armed forces* when empowered by the President.
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.
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.
Source credit: (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.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1986Amended · Pub. L. 99-433 · 100 Stat. 1017
- 2006Amended · Pub. L. 109-163 · 119 Stat. 3440
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2899
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3824
- 2021Amended · Pub. L. 117-81 · 135 Stat. 1696
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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