republic-os/legal/us/code/title-10/chapter-47/section-816.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	10 U.S.C. § 816	Art. 16. Courts-martial classified	us	united_states_code	code_section	10	ARMED FORCES	47	UNIFORM CODE OF MILITARY JUSTICE	816	10 U.S.C. § 816	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/s816	data/legal/raw/us/code/title-10/usc10.xml	c7ce71fa88e2177024f5b81cc568d8fbfb7cf0744abc17eaa2b91e39eb343e1a	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	5e9871ec9bf4027410b31e6912a6881cd9dac5733922a7cbd88e93e0dea8f011	2026-07-04	official	legal us-code

10 U.S.C. § 816 - Art. 16. Courts-martial classified

Text

(a) In General.— The three kinds of courts-martial in each of the armed forces are the following:

(1) General courts-martial, as described in subsection (b).

(2) Special courts-martial, as described in subsection (c).

(3) Summary courts-martial, as described in subsection (d).

(b) General Courts-martial.— General courts-martial are of the following three types:

(1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).

(2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).

(3) A general court-martial consisting of a military judge alone, 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 of a military judge alone and the military judge approves the request.

(c) Special Courts-martial.— Special courts-martial are of the following two types:

(1) A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).

(2) A special court-martial consisting of a military judge alone—

(A) if the case is so referred, subject to section 819 of this title (article 19) and such limitations as the President may prescribe by regulation; or

(B) if the case is referred under paragraph (1) and, 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 of a military judge alone and the military judge approves the request.

(d) Summary Court-martial.— A summary court-martial consists of one commissioned officer.

(Aug. 10, 1956, ch. 1041, 70A Stat. 42; Pub. L. 90–632, § 2(3), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98–209, § 3(a), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 107–107, div. A, title V, § 582(a), Dec. 28, 2001, 115 Stat. 1124; Pub. L. 114–328, div. E, title LIV, § 5161, Dec. 23, 2016, 130 Stat. 2897; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(C), Dec. 12, 2017, 131 Stat. 1597; Pub. L. 118–31, div. A, title V, § 531(b)(1), Dec. 22, 2023, 137 Stat. 258.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 81650:576.May 5, 1950, ch. 169, § 1 (Art. 16), 64 Stat. 113. The word “The” is substituted for the words “There shall be”. The word “are” is substituted for the word “namely”. The words “not less than five members” are substituted for the words “any number of members not less than five”. The words “not less than three members” are substituted for the words “any number of members not less than three”. The word “commissioned” is inserted before the word “officer” in clause (3) for clarity.

Editorial Notes

Amendments2023—Subsec. (c)(2)(A). Pub. L. 118–31 struck out “by the convening authority” after “is so referred”. 2017—Subsecs. (b), (c). Pub. L. 115–91 substituted “sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29)” for “sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29)” wherever appearing. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section defined the three kinds of courts-martial in each of the armed forces. 2001—Par. (1)(A). Pub. L. 107–107 inserted “or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under section 825a of this title (article 25a)” after “five members”. 1983—Par. (1)(B). Pub. L. 98–209 substituted “orally on the record or in writing” for “in writing”. 1968—Pub. L. 90–632 provided that a general or special court-martial shall consist of only a military judge if the accused, before the court is assembled, so requests in writing and the military judge approves, with the added requirements that the accused know the identity of the military judge and have the advice of counsel, and that the election be available in the case of a special court-martial only if a military judge has been detailed to the court.

Statutory Notes and Related Subsidiaries

Effective Date of 2023 AmendmentPub. L. 118–31, div. A, title V, § 531(e), Dec. 22, 2023, 137 Stat. 260, provided that: “The amendments made by subsection (b) and subsection (c)(1) [amending this section and sections 824a and 825 of this title] shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act (10 U.S.C. 801 note).”

Effective Date of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 AmendmentAmendment 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.

Effective Date of 2001 AmendmentPub. L. 107–107, div. A, title V, § 582(d), Dec. 28, 2001, 115 Stat. 1125, provided that: “The amendments made by this section [enacting section 825a of this title and amending this section and section 829 of this title] shall apply with respect to offenses committed after December 31, 2002.”

Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.

Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.