Nature and purpose of military law
Military law consists of the statutes governing the military establishment and regulations issued thereunder, the constitutional powers of the President and regulations issued thereunder, and the inherent authority of military commanders. Military law includes jurisdiction exercised by courts-martial and the jurisdiction exercised by commanders with respect to nonjudicial punishment. The purpose of military law is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.
The Department of Defense, in conjunction with the Department of Homeland Security, publishes supplementary materials to accompany the Manual for Courts-Martial.
For the purpose of these regulations only the following definitions apply:
a. Confirming authority. The competent authority of the agency through which military jurisdiction is exercised ordering the execution of a sentence of death.
b. Officer designated to execute the approved sentence. The officer designated by the confirming authority (a above) to execute the approved sentence of death.
c. Officer charged with carrying out the execution. The subordinate officer duly and officially named by an order of the officer designated to execute the sentence (b above) and directed therein to carry out the execution.
2. Manner of execution.
Military executions will be in the manner designated by the confirming authority or by shooting, hanging, or electrocution.
The officer designated by the confirming authority to execute the approved sentence will prescribe whether the execution will be public or private, rules of secrecy as to time, place, and the presence of witnesses, military or civilian, including members of the press if the presence of the latter is deemed proper. In the case of the execution of a foreign national, the officer designatd to execute the sentence will prescribe whether persons of the same nationality as the condemned may be present. Neither photographs nor motion pictures of the actual execution will be permitted except for official purposes. The environs of the place of execution will be closely and securely guarded to prevent the intrusion of unauthorized persons. All persons in attendance will be cautioned that no demonstrations or unseemly conduct will be tolerated.
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