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§ 822.
Art. 22. Who may convene general courts-martial
(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 in chief 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;
(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)
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.
Source(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 99–433, title II, § 211(b),
, 130 Stat. 2899, 2967, provided that, effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after
Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after
Dec. 23, 2016
, and with provisions relating to applicability to various situations, subsection (a)(6) is amended by striking “in chief”. See 2016 Amendment note below.
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”.
Amendments
2016—Subsec. (a)(6). Pub. L. 114–328 struck out “in chief” after “the commander”.
2006—Subsec. (a)(5). Pub. L. 109–163 struck out “a Territorial Department,” before “an Army Group”.
1986—Subsec. (a)(2) to (9). Pub. L. 99–433 added pars. (2) and (3) and redesignated existing pars. (2) to (7) as (4) to (9), respectively.
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after
Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after