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Title 10 — Armed ForcesRelease 119-73

§818 Art. 18. Jurisdiction of general courts-martial

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47— - UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER IV— - COURT-MARTIAL JURISDICTION › § 818

Last updated Apr 6, 2026|Official source

Summary

General courts-martial can try people who are covered by this chapter for any crime the chapter makes punishable. They can impose any punishment the chapter allows, including the death penalty when the chapter specifically allows it. The President may set limits on that power. They also can try people who, under the law of war, must be tried by a military tribunal and can impose punishments the law of war allows. (See section 817.) A general court-martial of the type in section 816(b)(3) cannot try someone for an offense that could carry the death penalty unless the case was first sent to trial as a noncapital case. Consistent with sections 819 and 820, only general courts-martial can try violations of section 920(a) or (b), section 920b(a) or (b), and attempts to commit those offenses under section 880.

Full Legal Text

Title 10, §818

Armed Forces — Source: USLM XML via OLRC

(a)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.
(b)A general court-martial of the kind specified in section 816(b)(3) of this title (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 section 819 and 820 of this title (articles 19 and 20), only general courts-martial have jurisdiction over the following offenses:
(1)A violation of subsection (a) or (b) of section 920 of this title (article 120).
(2)A violation of subsection (a) or (b) of section 920b of this title (article 120b).
(3)An attempt to commit an offense specified in paragraph (1) or (2) that is punishable under section 880 of this title (article 80).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 81850:578.May 5, 1950, ch. 169, § 1 (Art. 18), 64 Stat. 114. The word “shall” is omitted as surplusage wherever it occurs.

Editorial Notes

Amendments

2016—Subsec. (b). Pub. L. 114–328, § 5162(1), substituted “section 816(b)(3) of this title (article 16(b)(3))” for “section 816(1)(B) of this title (article 16(1)(B))”. Subsec. (c). Pub. L. 114–328, § 5162(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “Consistent with section 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 section 856(b)(2) of this title (article 56(b)(2)).” 2013—Pub. L. 113–66 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). 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.

Statutory Notes and Related Subsidiaries

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 2013 Amendment Pub. L. 113–66, div. A, title XVII, § 1705(c), Dec. 26, 2013, 127 Stat. 960, provided that: “The

Amendments

made by this section [amending this section and section 856 of this title] shall take effect 180 days after the date of the enactment of this Act [Dec. 26, 2013], and apply to offenses specified in section 856(b)(2) of title 10, 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.”

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 818

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73