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The persons who may exercise this authority are defined in article 22 (10 U.S.C. § 822) for general court-martial, article 23 (10 U.S.C. § 823) for special court-martial, and article 24 (10 U.S.C. § 824) for summary court-martial. The convening authority decides on the disposition of cases to investigation and trial, and also selects the ...
A special court-martial may instead consist of a judge alone if requested by the accused or if the convening authority decides so. An accused before a special court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.
The Uniform Code of Military Justice (UCMJ) is the foundation of the system of military justice of the armed forces of the United States.The UCMJ was established by the United States Congress in accordance with their constitutional authority, per Article I Section 8 of the U.S. Constitution, which provides that "The Congress shall have Power . . . to make Rules for the Government and ...
A special court-martial must have at least three members. [10] A general court-martial must have at least five members [10] unless the death penalty is a mandatory sentence, in which case there must be at least 12 members. [11] The convening authority may detail as many members to a court-martial as he or she chooses so long as the minimum ...
The Manual for Courts-Martial (MCM) is the official guide to the conduct of courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law established in the statute Uniform Code of Military Justice (UCMJ). It gathers both executive orders as well as ...
Hawaii was put under martial law after the Japanese attack on Pearl Harbor. During World War II (1939–1945) what is now the State of Hawaii was held under martial law from December 7, 1941, to October 24, 1944, following the Japanese attack on Pearl Harbor. [27] During 1942, the army's Hawaii District was commanded by Ralph McT.
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. [1] Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues.
The judgement of a field commander in battle over military necessity and proportionality is rarely subject to domestic or international legal challenge unless the methods of warfare used by the commander were illegal, as for example was the case with Radislav Krstic who was found guilty as an aider and abettor to genocide by International Criminal Tribunal for the former Yugoslavia for the ...