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.
Pub. L. 113–66, div. A, title XVII, § 1705(b), (c),Dec. 26, 2013, 127 Stat. 959, 960, provided that, effective 180 days after Dec. 26, 2013, and applicable to offenses specified in section
856(b)(2) of this title committed on or after that date, this section is amended:
(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
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)).
The word “shall” is omitted as surplusage wherever it occurs.
2013—Pub. L. 113–66designated 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. 90–632provided 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 2013 Amendment
Pub. L. 113–66, div. A, title XVII, § 1705(c),Dec. 26, 2013, 127 Stat. 960, provided that: “The amendments made by this section [amending this section and section
856 of this title] shall take effect 180 days after the date of the enactment of this Act [Dec. 26, 2013], and apply to offenses specified in section
856(b)(2) of title
10, United States Code (article 56(b)(2) of the Uniform Code of Military Justice), as added by subsection (a)(1), committed on or after that date.”
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–632effective first day of tenth month following October 1968, see section 4 ofPub. L. 90–632, set out as a note under section
801 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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