Us Code § 821 - Art. 21. Jurisdiction of courts-martial not exclusive
Full text of Us Code United States Code § 821 — Art. 21. Jurisdiction of courts-martial not exclusive, with citation guidance and answers to common questions.
§ 821. Art. 21. Jurisdiction of courts-martial not exclusive
The provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals. This section does not apply to a military commission established under chapter 47A of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 109–366, §4(a)(2), Oct. 17, 2006, 120 Stat. 2631.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 821 | 50:581. | May 5, 1950, ch. 169, §1 (Art. 21), 64 Stat. 115. |
The words "do not deprive" are substituted for the words "shall not be construed as depriving". The words "with respect to" are substituted for the words "in respect of".
Editorial Notes
Amendments
2006—Pub. L. 109–366 inserted last sentence.
SUBCHAPTER V—COMPOSITION OF COURTS-MARTIAL
| Sec. | Art. | |
|---|---|---|
| 822. | 22. | Who may convene general courts-martial. |
| 823. | 23. | Who may convene special courts-martial. |
| 824. | 24. | Who may convene summary courts-martial. |
| 824a. | 24a. | Special trial counsel. |
| 825. | 25. | Who may serve on courts-martial. |
| 825a. | 25a. | Number of court-martial members in capital cases. |
| 826. | 26. | Military judge of a general or special court-martial. |
| 826a. | 26a. | Military magistrates. |
| 827. | 27. | Detail of trial counsel and defense counsel. |
| 828. | 28. | Detail or employment of reporters and interpreters. |
| 829. | 29. | Assembly and impaneling of members; detail of new members and military judges. |
Editorial Notes
Amendments
2021—Pub. L. 117–81, div. A, title V, §531(b), Dec. 27, 2021, 135 Stat. 1693, added item 824a.
2017—Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, amended Pub. L. 114–328, §5541(2). See 2016 Amendment note below.
2016—Pub. L. 114–328, div. E, title LXIII, §5541(2), Dec. 23, 2016, 130 Stat. 2965, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(19)(A), (B), Dec. 12, 2017, 131 Stat. 1601, added items 825a, 826a, and 829 and struck out former items 825a "Art. 25a. Number of members in capital cases" and 829 "Art. 29. Absent and additional members".
2001—Pub. L. 107–107, div. A, title V, §582(b)(2), Dec. 28, 2001, 115 Stat. 1124, added item 825a.
1968—Pub. L. 90–632, §2(8), Oct. 24, 1968, 82 Stat. 1336, substituted "Military judge of a general or special court-martial" for "Law officer of a general court-martial" in item 826.
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10 U.S.C. § 821 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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