Page 211 - Trump Executive Orders 2017-2021

9914 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

Rule 201. Jurisdiction in general
(a) Nature C?f court-martialjurisdiction.
(1) The jurisdiction of courts-martial is entirely penal or disciplinary.
(2) The UCMJ applies in all places.
(3) The jurisdiction of a court-martial with respect to offenses under the UCMJ is not affected
by the place where the court-martial sits. The jurisdiction of a court-martial with respect to
military government or the law of war is not affected by the place where the court-martial sits
except as otherwise expressly required by this Manual or applicable rule of international law.
(b) Requisites of court-martialjuri.<.diction. A cowt-martial always has jurisdiction to determine
whether it has jurisdiction. Otherwise for a comt-martial to have jurisdiction:
(1) The court-martial must be convened by an official empowered to convene it;
(2) The court-martial must be composed in accordance with these rules with respect to
number and qualifications of its personnel. As used here "personnel" includes only the military
judge, the members, and the summary court-martial;
(3) Each charge before the court-martial must be referred to it by competent authority;
( 4) The accused must be a person subject to court-martial jurisdiction; and
(5) The offense must be subject to court-martial jurisdiction.
(c) [Reserved]
(d) i'.,'xcfusive and nonexclusive jurisdiction.
(1) Courts-martial have exclusive jurisdiction of purely military offenses.
(2) An act or omission which violates both the UCMJ and local criminal law, foreign or
domestic, may be tried by a court-martial, or by a proper civilian tribunal, foreign or domestic,
or, subject to R.C.M. 907(b )(2)(C) and regulations of the Secretary concerned, by both.
(3) Where an act or omission is subject to trial by court-martial and by one or more civil
tribunals, foreign or domestic, the detennination which nation, state, or agency will exercise
jurisdiction is a matter for the nations, states, and agencies concerned, and is not a right of the
suspect or accused.
(e) Reciprocal jurisdiction.
( 1) Each armed force has court-martial jurisdiction over all persons subject to the UCMJ.
(2)(A) A commander of a unified or specified combatant command may convene courts-
martial over members of any of the armed forces.
(B) So much of the authority vested in the President under Article 22(a)(9) to empower
any commanding officer of a joint command or joint task force to convene courts-martial is
delegated to the Secretary of Defense, and such a commanding officer may convene general
courts-martial for the trial of members of any of the armed forces assigned or attached to a
combatant command or joint command.
(C) A commander who is empowered to convene a court-martial under subparagraphs
(e)(2)(A) or (e)(2)(B) of this rule may expressly authorize a commanding officer of a subordinate
joint command or subordinate joint task force who is authorized to convene special and summary
courts-martial to convene such courts-martial for the trial of members of other armed forces
assigned or attached to a joint command or joint task force, under regulations which the superior
command may prescribe.
(3) A member of one anned force may be tried by a court-martial convened by a member of
another anned force, using the implementing regulations and procedures prescribed by the
Secretary concerned of the military service of the accused, when:
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