§ 822 Art. 22. Who may convene general courts-martial · 116-108

§ 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 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),

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.)

Notes

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (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 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

Jan. 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. Ord. No. 13825, set out as notes under section 801 of this title.

Training for Sexual Assault Initial Disposition Authorities on Exercise of Disposition Authority for Sexual Assault and Collateral Offenses

Pub. L. 116–92, div. A, title V, § 540A,

Dec. 20, 2019

, 133 Stat. 1365, provided that:

“(a)

In General.—

The training for sexual assault initial disposition authorities on the exercise of disposition authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), shall include comprehensive training on the exercise of disposition authority with respect to cases for which disposition authority is withheld to such authorities pursuant to the memorandum described in subsection (b) for the purpose of promoting confidence and trust in the military justice process with respect to such cases.

“(b)

Memorandum Described.—

The memorandum described in this subsection is the memorandum of the Secretary of Defense titled ‘Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases’ and dated

April 20, 2012

, or any successor memorandum.”

§ 822. Art. 22. Who may convene general courts-martial