Title 10 — Armed ForcesRelease 119-73not60
§818 Art. 18. Jurisdiction of General Courts-martial
Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter IV— COURT-MARTIAL JURISDICTION › § 818
Summary
General courts-martial can try people who are covered by these military laws for any crime the laws list. They can give any punishment the laws allow, within limits the President sets, and they can give the death penalty only when the laws specifically allow it. A court of the type in section 816(b)(3) cannot try a death-penalty case unless the case was first sent to trial as a noncapital case. Only general courts-martial can try violations of subsections (a) or (b) of sections 920 and 920b, and attempts to commit those offenses that are punishable 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 3, 2026
Release point: 119-73not60