Page 213 - Trump Executive Orders 2017-2021

9916 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(i) General courts-martial may try any person who by the law of war is subject to trial
by military tribunal for any crime or offense against:
(a) The law of war; or
(b) The law of the territory occupied as an incident of war or belligerency
whenever the local civil authority is superseded in whole or part by the military authority of the
occupying power. The law of the occupied territory includes the local criminal law as adopted
or modified by competent authority, and the proclamations, ordinances, regulations, or orders
promulgated by competent authority of the occupying power.
(ii) When a general court-martial exercises jurisdiction under the law of war, it may
adjudge any punishment permitted by the law of war.
(C) Limitations in judge alone cases. A general court-martial composed only of a military
judge does not have jurisdiction to try any person for any offense for which the death penalty
may be adjudged unless the case has been referred to trial as noncapital.
(D) .Jurisdictionfor certain sexual <?ffenses. Only a general court-martial has jurisdiction to
try offenses under Article 120(a), 120(b ), 120b(a), and 120b(b ), and attempts thereof under
Article 80.
(2) Special courts-martial.
(A) ln general. Except as otherwise expressly provided, special courts-martial may try any
person subject to the UCMJ for any noncapital offense made punishable by the UCMJ and, as
provided in this rule, for capital offenses.
(B) Punishments.
(i) Upon a finding of guilty, special courts-martial may adjudge, under limitations
prescribed by this Manual, any punishment authorized under R.C.M. 1003 except death,
dishonorable discharge, dismissal, confinement for more than 1 year, hard labor without
confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or
any forfeiture of pay for more than 1 year.
(ii) A bad-conduct discharge, confinement for more than six months, or forfeiture of pay
for more than six months, may not be adjudged by a special court-martial when the case is referred
as a special comi-martial consisting of a military judge alone under Article 16(c)(2)(A).
(C) Capital offenses
(i) A capital offense for which there is prescribed a mandatory punishment beyond the
punitive power of a special court-martial shall not be referred to such a court-martial.
(ii) An officer exercising general court-martial jurisdiction over the command which
includes the accused may permit any capital otiense other than one described in clause (C)(i) to
be referred to a special court-martial for trial.
(iii) The Secretary concerned may authorize, by regulation, officers exercising special
court-martial jurisdiction to refer capital ommses, other than those described in clause (C)(i), to
trial by special court-martial without first obtaining the consent of the officer exercising general
court-martial jurisdiction over the command.
(D) Certain Ojjimses under Articles 120 and 120b. Notwithstanding subparagraph
(f)(2)(A), special courts-martial do not have jurisdiction over offenses under Articles 120(a),
120(b), 120b(a), and 120b(b), and attempts thereofunder Article 80. Such offenses shall not be
referred to a special court-martial.
(E) Limitations on trial by special court-martial consisting of a military judge alone.
(i) No specification may be tried by a special court-martial consisting of a military
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judge alone under Article 16(c)(2)(A) if, before arraignment, the accused objects on the