US Code

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

10 U.S.C. § 818

Art. 18. Jurisdiction of general courts-martial

(a)
section 817 of this title Subject to (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)
section 816(b)(3) of this title A general court-martial of the kind specified in (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)
section 920 of this title A violation of subsection (a) or (b) of (article 120).
(2)
section 920b of this title A violation of subsection (a) or (b) of (article 120b).
(3)
section 880 of this title An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under (article 80).

Aug. 10, 1956, ch. 104170A Stat. 43Pub. L. 90–632, § 2(4)82 Stat. 1335Pub. L. 113–66, div. A, title XVII, § 1705(b)127 Stat. 959Pub. L. 114–328, div. E, title LIV, § 5162130 Stat. 2898(, ; , , ; , , ; , , .)

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.

Editorial Notes

Amendments

Pub. L. 114–328, § 5162(1)section 816(b)(3) of this titlesection 816(1)(B) of this title2016—Subsec. (b). , substituted “ (article 16(b)(3))” for “ (article 16(1)(B))”.

Pub. L. 114–328, § 5162(2)section 856(b)(2) of this titleSubsec. (c). , 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 (article 56(b)(2)).”

Pub. L. 113–662013— 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).

Pub. L. 90–6321968— 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 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 2013 Amendment

Pub. L. 113–66, div. A, title XVII, § 1705(c)127 Stat. 960

section 856 of this titlesection 856(b)(2) of title 10“The amendments made by this section [amending this section and ] shall take effect 180 days after the date of the enactment of this Act [], and apply to offenses specified in , 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.”
, , , provided that:

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 .