UCMJ – United States Code of Military Justice

Article 16. Court-Martial Classified

04. Court-Martial Jurisdiction

The three kinds of courts-martial in each of the armed forces are–

(1) general courts-martial, consisting of–

(A) a military judge and not less than five members; or

(B) only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;

(2) special courts-martial, consisting of–

(A) not less than three members; or

(B) a military judge and not less than three members; or

(C) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1)(B) so requests; and

(3) summary courts-martial, consisting of one commissioned officer.

1 Comment for this entry

    • Paul Sigler

      May the Congress or the Armed Forces Appeal to the Supreme Court over the Bergdahl matter for jurisdiction to removed the case to the UCMJ since they may have concurrent Jurisdiction? The UCMJ was formed to treat Military matters and would be the more suitable Court.

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