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Title 10 — Armed ForcesRelease 119-73not60

§949g Oaths

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47A— MILITARY COMMISSIONS › Subchapter IV— TRIAL PROCEDURE › § 949g

Last updated Apr 3, 2026|Official source

Summary

People who serve in military commissions must swear to do their jobs faithfully before they act. That includes military judges, commission members, trial and defense lawyers, reporters, and interpreters. The Secretary of Defense sets the exact wording, when and where the oath is taken, how it is recorded, and whether it covers all cases or just one. The rules may allow a judge advocate or other certified person to take the oath once and not repeat it when assigned. Anyone who testifies in a commission must give testimony under oath. The word "oath" also covers an affirmation.

Full Legal Text

Title 10, §949g

Armed Forces — Source: USLM XML via OLRC

(a)(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)Each witness before a military commission under this chapter shall be examined on oath.
(c)In this section, the term “oath” includes an affirmation.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 949g

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60