UCMJ – United States Code of Military Justice


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.

2 Comments 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.

  • James Arlotta

    As a former Army R.O.T.C. Cadet a I gave a short lecture on the structure of Military Justice. It consisted of the information present at that time in 2001. At the conclusion of the presentation was when the U.S. Supreme Court would be utilized. In my opinion, after a study of military law and Justice, in the matter of bergdahl; the findings of his unit member’s and the fact that members’ died due to his negligence. The only possible remedy is at the J.A.G’s level. In the interest of justice, it would be unjust for bergdahl to not receive full Capital Punishment. Regardless of public opinion of the “liberal” stance.
    In fact, one could argue that edward snowden should be tried under the same requirements due to the fact of the nature of his position with the N.S.A.. Congress has no jurisdiction, and these matters’ have no legal remedy or redress to be removed from the Military Justice System.

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