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10 U.S.C. § 822Art. 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

in plain englishAI-generated · not legal advice

This section lists the authorities that may convene general courts-martial. It also provides a special rule when a commanding officer is an accuser.

(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. (b) (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.
the actual law source: uscode.house.gov ↗public domain
(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.

(b)
(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.

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.)

history & why it existsrecord from the source credit
  • 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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