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

10 U.S.C. § 822

Art. 22. Who may convene general courts-martial

(a)
General courts-martial may be convened by—
(1)
the President of the United States;
(2)
the Secretary of Defense;
(3)
the commanding officer of a unified or specified combatant command;
(4)
the Secretary concerned;
(5)
the commanding officer of an Army Group, an Army, an Army Corps, a division, a separate brigade, or a corresponding unit of the Army or Marine Corps;
(6)
the commander of a fleet; the commanding officer of a naval station or larger shore activity of the Navy beyond the United States;
(7)
the commanding officer of an air command, an air force, an air division, or a separate wing of the Air Force or Marine Corps, or the commanding officer of a corresponding unit of the Space Force;
(8)
any other commanding officer designated by the Secretary concerned; or
(9)
any other commanding officer in any of the armed forces when empowered by the President.
(b)
(1)
If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.
(2)
A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.

Aug. 10, 1956, ch. 104170A Stat. 44Pub. L. 99–433, title II, § 211(b)100 Stat. 1017Pub. L. 109–163, div. A, title X, § 1057(a)(2)119 Stat. 3440Pub. L. 114–328, div. E, title LV, § 5181130 Stat. 2899Pub. L. 116–283, div. A, title IX, § 924(b)(21)(A)134 Stat. 3824Pub. L. 117–81, div. A, title V, § 534(a)135 Stat. 1696(, ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

822(a)

822(b)

50:586(a).

50:586(b).

May 5, 1950, ch. 169, § 1 (Art. 22), 64 Stat. 115.

Subsection (a)(2) is substituted for the words “the Secretary of a Department”.

section 101(1) of this titleIn subsection (a)(4), the words “continental limits of the” are omitted, since defines the United States to include the States and the District of Columbia.

In subsection (a)(6), the words “any other commanding officer” are substituted for the words “such other commanding officers as may be”.

In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.

Editorial Notes

Amendments

Pub. L. 116–2832021—Subsec. (a)(7). substituted “Marine Corps, or the commanding officer of a corresponding unit of the Space Force” for “Marine Corps”.

Pub. L. 117–81Subsec. (b). designated existing provisions as par. (1) and added par. (2).

Pub. L. 114–3282016—Subsec. (a)(6). struck out “in chief” after “the commander”.

Pub. L. 109–1632006—Subsec. (a)(5). struck out “a Territorial Department,” before “an Army Group”.

Pub. L. 99–4331986—Subsec. (a)(2) to (9). added pars. (2) and (3) and redesignated existing pars. (2) to (7) as (4) to (9), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81section 539C of Pub. L. 117–81section 801 of this titleAmendment by effective on the date that is two years after , and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after , 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 .

Training for Sexual Assault Initial Disposition Authorities on Exercise of Disposition Authority for Sexual Assault and Collateral Offenses

Pub. L. 116–92, div. A, title V, § 540A133 Stat. 1365

“(a)

In General .—

The training for sexual assault initial disposition authorities on the exercise of disposition authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), shall include comprehensive training on the exercise of disposition authority with respect to cases for which disposition authority is withheld to such authorities pursuant to the memorandum described in subsection (b) for the purpose of promoting confidence and trust in the military justice process with respect to such cases.
“(b)

Memorandum Described .—

The memorandum described in this subsection is the memorandum of the Secretary of Defense titled ‘Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases’ and dated , or any successor memorandum.”
, , , provided that: