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U.S. Code, Title 10, Armed Forces
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 818. Art. 18. Jurisdiction of General Courts-Martial
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. However, a general court-martial of the kind specified in section 816(1)(B) of this title (article 16(1)(B)) 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, § 2(4), Oct. 24, 1968, 82 Stat. 1335.)
Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
818 50:578. May 5, 1950, ch. 169, § 1 (Art. 18), 64 Stat. 114.
The word "shall" is omitted as surplusage wherever it occurs.
1968—Pub. L. 90–632 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.
Effective Date of 1968 Amendment
Amendment 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.
Contents:
Chicago:
"U.S. Congress, Office of the Law Revision Counsel", "§ 818. Art. 18. Jurisdiction of General Courts-Martial," U.S. Code, Title 10, Armed Forces in U.S. Code, Title 10, Armed Forces (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed July 18, 2025, http://www.originalsources.com/Document.aspx?DocID=D2JY44MAG19VKMT.
MLA:
"U.S. Congress, Office of the Law Revision Counsel". "§ 818. Art. 18. Jurisdiction of General Courts-Martial." U.S. Code, Title 10, Armed Forces, in U.S. Code, Title 10, Armed Forces, Washington, D.C., Government Printing Office, 2002, Original Sources. 18 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=D2JY44MAG19VKMT.
Harvard:
"U.S. Congress, Office of the Law Revision Counsel", '§ 818. Art. 18. Jurisdiction of General Courts-Martial' in U.S. Code, Title 10, Armed Forces. cited in 2002, U.S. Code, Title 10, Armed Forces, Government Printing Office, Washington, D.C.. Original Sources, retrieved 18 July 2025, from http://www.originalsources.com/Document.aspx?DocID=D2JY44MAG19VKMT.
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