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LegalText 10 U.S.C. § 818 Art. 18. Jurisdiction of general courts-martial us united_states_code code_section 10 ARMED FORCES 47 UNIFORM CODE OF MILITARY JUSTICE 818 10 U.S.C. § 818 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s818 data/legal/raw/us/code/title-10/usc10.xml edadef0d8d76e237a1e0b153a60e5e3485e258f9b3299d36fb6dd04323c327ef 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 862dba0412d3aa647efd433b3671bc0618ce11ffb34f76c25d0d21ba7a2e0ed2 2026-07-04 official
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10 U.S.C. § 818 - Art. 18. Jurisdiction of general courts-martial

Text

(a) 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.

(b) A general court-martial of the kind specified in section 816(b)(3) of this title (article 16(b)(3)) 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.

(c) Consistent with sections 819 and 820 of this title (articles 19 and 20), only general courts-martial have jurisdiction over the following offenses:

(1) A violation of subsection (a) or (b) of section 920 of this title (article 120).

(2) A violation of subsection (a) or (b) of section 920b of this title (article 120b).

(3) An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under section 880 of this title (article 80).

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90632, § 2(4), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 11366, div. A, title XVII, § 1705(b), Dec. 26, 2013, 127 Stat. 959; Pub. L. 114328, div. E, title LIV, § 5162, Dec. 23, 2016, 130 Stat. 2898.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 81850:578.May 5, 1950, ch. 169, § 1 (Art. 18), 64 Stat. 114. The word “shall” is omitted as surplusage wherever it occurs.

Editorial Notes

Amendments2016—Subsec. (b). Pub. L. 114328, § 5162(1), substituted “section 816(b)(3) of this title (article 16(b)(3))” for “section 816(1)(B) of this title (article 16(1)(B))”. Subsec. (c). Pub. L. 114328, § 5162(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “Consistent with sections 819, 820, and 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)).” 2013—Pub. L. 11366 designated 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. 90632 provided 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 AmendmentAmendment by Pub. L. 114328 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. 114328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 2013 AmendmentPub. L. 11366, 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 AmendmentAmendment by Pub. L. 90632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90632, set out as a note under section 801 of this title.