10 U.S.C. § 949g: Oaths

Summary

People who work in military commissions must swear or affirm that they will do their jobs faithfully before they start. The Secretary of Defense makes rules about the oath’s form, when and where it is taken, how it is recorded, and whether it covers all cases or just one. The rules can let qualified judges or lawyers take the oath once and not repeat it each time they are assigned. All witnesses in a military commission must also testify under oath.

Title 10, §949g

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

(1)Before performing their respective duties in a military commission under this chapter, military judges, members, trial counsel, defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.

(2)The form of the oath required by paragraph (1), the time and place of the taking thereof, the manner of recording thereof, and whether the oath shall be taken for all cases in which duties are to be performed or for a particular case, shall be as provided in regulations prescribed by the Secretary of Defense. The regulations may provide that—

(A)an oath to perform faithfully duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty; and

(B)if such an oath is taken, such oath need not again be taken at the time the judge advocate or other person is detailed to that duty.

(b)Witnesses.—

Each witness before a military commission under this chapter shall be examined on oath.

(c)Oath Defined.—

In this section, the term “oath” includes an affirmation.

Editorial Notes

Prior Provisions

A prior section 949g, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to oaths, prior to the general amendment of this chapter by Pub. L. 111–84.

§949g Oaths

Summary

Title 10, §949g

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata