
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC818]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                SUBCHAPTER IV--COURT-MARTIAL JURISDICTION
 
Sec. 818. Art. 18. Jurisdiction of general courts-martial

    Subject to section 817 of this title (article 17), general courts-
martial have jurisdiction to try persons subject to this chapter for any 
offense made punishable by this chapter and may, under such limitations 
as the President may prescribe, adjudge any punishment not forbidden by 
this chapter, including the penalty of death when specifically 
authorized by this chapter. General courts-martial also have 
jurisdiction to try any person who by the law of war is subject to trial 
by a military tribunal and may adjudge any punishment permitted by the 
law of war. However, a general court-martial of the kind specified in 
section 816(1)(B) of this title (article 16(1)(B)) shall not have 
jurisdiction to try any person for any offense for which the death 
penalty may be adjudged unless the case has been previously referred to 
trial as a noncapital case.

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90-632, Sec. 2(4), Oct. 
24, 1968, 82 Stat. 1335.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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818...................................  50:578.                              Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              1
8), 64 Stat. 114.
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    The word ``shall'' is omitted as surplusage wherever it occurs.


                               Amendments

    1968--Pub. L. 90-632 provided that a general court-martial 
consisting of only a military judge has no jurisdiction in cases in 
which the death penalty may be adjudged unless the case has been 
previously referred to trial as a noncapital case.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.
