Military Law in the USA


Constitution of the United States:

-Article 1, Section 8, Constitution of the United States – 1787: “The Congress shall have Power…To make Rules for the Government and Regulation of the land and naval Forces.”


-Chapter 47 of Title 10, United States Code (Uniform Code of Military Justice (UCMJ)); 10 U.S.C. 801 – 946.

-10 U.S.C. 836 (Article 36, UCMJ): “Pretrial, trial, and post-trial procedures, including modes of proof for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals, and procedures of courts of inquiry, may be prescribed by the President…”

Executive Orders:

-E.O. 10214, 8 February 1951: Prescribing the Manual for Courts-Martial, United States, 1951.

-E.O. 12473, 18 July 1984: “The Secretary of Defense shall cause this Manual to be reviewed annually and shall recommend to the President any appropriate amendments.”

Department of Defense (DoD) Instruction:

-DoD Instruction 5500.17, Role and Responsibility of the Joint Service Committee (JSC) on Military Justice; Feb. 21, 2018.

Joint Service Committee Standard Operating Procedures (SOP):

-The JSC updated its SOP on April 10, 2019.



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