Page 242 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9945

(2) Special courts-martial. Unless otherwise limited by superior competent authority, special
courts-martial may be convened by persons occupying positions designated in Article 23(a) and
by commanders designated by the Secretary concerned.
(A) Definition. For purposes of Articles 23 and 24, a command or unit is "separate or
detached" when isolated or removed from the immediate disciplinary control of a superior in
such manner as to make its commander the person held by superior commanders primarily
responsible for discipline. "Separate or detached" is used in a disciplinary sense and not
necessarily in a tactical or physical sense. A subordinate joint command or joint task force is
ordinarily considered to be "separate or detached."
(B) Determination. If a commander is in doubt whether the command is separate or
detached, the matter shall be determined:
(i) In the Army or the Air Force, by the officer exercising general court-martial
jurisdiction over the command; or
(ii) In the Naval Service or Coast Guard, by the flag or general officer in command or
the senior officer present who designated the detachment; or
(iii) ln a combatant command or joint command, by the officer exercising general
court-martial jurisdiction over the command.
(3) Summary courts-martial. See R.C.M. 1302(a).
(4) Delegation prohibited. The power to convene courts-martial may not be delegated.
(c) TJisqual{ficalion.
(1) Accuser. An accuser may not convene a general or special court-martial for the trial of
the person accused
(2) Other. A convening authority junior in rank to an accuser may not convene a general or
special court-martial for the trial of the accused unless that convening authority is superior in
command to the accuser. A convening authority junior in command to an accuser may not
convene a general or special court-martial for the trial of the accused.
(3) Action when disqual!fied. When a commander who would otherwise convene a general or
special court-martial is disqualified in a case, the charges shall be forwarded to a superior
competent authority for disposition. That authority may personally dispose of the charges or
forward the charges to another convening authority who is superior in rank to the accuser, or, if
in the same chain of command, who is superior in command to the accuser.
(d) Convening orders.
( 1) General and special courts-martial.
(A) A convening order for a general or special court-martial shall-
(i) designate the type of court-martial; and
(ii) detail the members, if any, in accordance with R.C.M. 503(a);
(B) A convening order may designate where the court-martial will meet.
(C) If the convening authority has been designated by the Secretary concerned, the
convening order shall so state.
(2) Summary courts-martial. A convening order for a summary couti-martial shall designate
that it is a summary court-martial and detail the summary court-martial, and may designate
where the court-martial will meet. If the convening authority has been designated by the
Secretary concerned, the convening order shall so state.
(3) Additional matters. Additional matters to be included in convening orders may be
prescribed by the Secretary concerned.
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