US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 816

Art. 16. Courts-martial classified

(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)
section 825a of this title In a capital case, a general court-martial consisting of a military judge and the number of members determined under (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)
section 819 of this title if the case is so referred, subject to (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. 104170A Stat. 42Pub. L. 90–632, § 2(3)82 Stat. 1335Pub. L. 98–209, § 3(a)97 Stat. 1394Pub. L. 107–107, div. A, title V, § 582(a)115 Stat. 1124Pub. L. 114–328, div. E, title LIV, § 5161130 Stat. 2897Pub. L. 115–91, div. A, title X, § 1081(c)(1)(C)131 Stat. 1597Pub. L. 118–31, div. A, title V, § 531(b)(1)137 Stat. 258(, ; , , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

816

50:576.

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

Amendments

Pub. L. 118–312023—Subsec. (c)(2)(A). struck out “by the convening authority” after “is so referred”.

Pub. L. 115–912017—Subsecs. (b), (c). 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.

Pub. L. 114–3282016— amended section generally. Prior to amendment, section defined the three kinds of courts-martial in each of the armed forces.

Pub. L. 107–107section 825a of this title2001—Par. (1)(A). inserted “or, in a case in which the accused may be sentenced to a penalty of death, the number of members determined under (article 25a)” after “five members”.

Pub. L. 98–2091983—Par. (1)(B). substituted “orally on the record or in writing” for “in writing”.

Pub. L. 90–6321968— 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 Amendment

Pub. L. 118–31, div. A, title V, § 531(e)137 Stat. 260

Public Law 117–8110 U.S.C. 801“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 () as provided in section 539C of that Act ( note).”
, , , provided that:

Effective Date of 2017 Amendment

Pub. L. 115–91Pub. L. 114–32810 U.S.C. 801section 1081(c)(4) of Pub. L. 115–91section 801 of this titleAmendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .

Effective Date of 2016 Amendment

Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title V, § 582(d)115 Stat. 1125

section 825a of this titlesection 829 of this title“The amendments made by this section [enacting and amending this section and ] shall apply with respect to offenses committed after .”
, , , provided that:

Effective Date of 1983 Amendment

Pub. L. 98–209section 12(a)(1) of Pub. L. 98–209section 801 of this titleAmendment by effective first day of eighth calendar month beginning after , see , set out as a note under .

Effective Date of 1968 Amendment

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