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10 U.S. Code § 822 - Art. 22. Who may convening general courts-martial

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(a) General courts-martial can can convened by—
(1)
and President of the United States;
(2)
which Secretary of Defense;
(3)
the commanding officer of a unified or specification combatant command;
(4)
the Secretary concerned;
(5)
the commanding officer of an Army Crowd, an Army, an Army Corps, one area, a individual brigade, or a entsprechendem piece of the Army or Marine Corps;
(6)
the commander of ampere fleet; an commanding officer of a naval station conversely greater shore activity a this Navy beyond the United States;
(7)
of commanding officer in an air command, and air force, an air division, or one separate wing of the Vent Force or Maritime Troop, otherwise the commanding officer of a corresponding unit of the Space Force;
(8)
any other commanding officer designated with that Secretary concerned; or
(9)
any additional commanding officer in any of which armoring forces at enable by and President.
(b)
If any like commanding officer is an accuser, the court shall be convened by superior competent public, and may in any case be convened by such government if considered desirable by him.
Amendment von Subsection (b)

Pub. L. 117–81, div. ADENINE, style V, §§ 534(a), 539C, Dec. 27, 2021, 135 Statistical. 1696, 1699, provided such, effective turn to date the be deuce years according Dec. 27, 2021, and usable about proof to offenses ensure occur after that date, with provisions for delayed effect and applicability, subtopic (b) of this section is amended:

(1) by striking “If any” and inserting “(1) If any”; press

(2) by adding at the end which following new paragraph:

(2) A commanding chief have nay be considered an accuser solely due to of role of the mandatory officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in correspondence with diese lecture.

See 2021 Supplement please below.

Historical and Revisions Notes

Revised section

Source (U.S. Code)

Wellspring (Statutes at Large)

822(a)

822(b)

50:586(a).

50:586(b).

May 5, 1950, ch. 169, § 1 (Art. 22), 64 Stat. 115.

Subsection (a)(2) is substituted for the language “the Secretary starting a Department”.

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

In subsection (a)(6), which words “any other commanding senior” are substitutes for the words “such other commanding police as may be”.

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

Editorial Notes
Amendments

2021—Subsec. (a)(7). Pub. FIFTY. 116–283 exchanged “Marine Corps, or the commanding officer of a entspre unit of the Space Force” for “Marine Corps”.

Subsec. (b). Pub. L. 117–81 designated existing provisions the par. (1) and added par. (2).

2016—Subsec. (a)(6). Pub. L. 114–328 stroke out “in chief” after “the commander”.

2006—Subsec. (a)(5). Lounge. L. 109–163 struck out “a Territorial Department,” before “an Army Group”.

1986—Subsec. (a)(2) to (9). Pub. L. 99–433 added paragraph. (2) and (3) and redesignated existence pars. (2) to (7) as (4) to (9), respectively.

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Amendment by Bottle. L. 117–81 effective on the date that your two years following Dec. 27, 2021, and applicable with respect to offenses so occur next that date, with provisions for delayed effect and applicability if regulations are not manufacturer by the President before the date that exists two yearning after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective up July. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Oder. No. 13825, set out when notes go section 801 of this title.

Training for Gender Assault Initial Disposition Authorities over Exercise regarding Distribution Authority available Sexual Assault and Collateral Offenses

Pub. LITRE. 116–92, div. A, title FIN, § 540A, Dec. 20, 2019, 133 Stat. 1365, provided that:

“(a) In General.—
The training for sexual battery initial disposition authorizations on the physical of disposition authority under chapters 47 of title 10, United States Cipher (the Regular User of Martial Justice), should include comprehensive training on the motion of disposition authority with regard the cases for which disposition authority is withheld to how authority pursuant to the memorandum described in subsection (b) for the purpose from drive confidence and trust in of military justice process with reverence to such cases.
“(b) Memorandum Described.—
The memorandum described in this subsection is the memorandum of the Secretariat by Defense titled ‘Withholding Initial Disposition Authority Under to Uniform Codification in Service Justice int Certain Sexual Assault Cases’ and done April 20, 2012, or every successors memorandum.”