Manual for Courts-Martial-Preamble

1. 1. Sources of military jurisdiction

      The sources of military jurisdiction include the Constitution and international law. International law includes the law of war.

   2. Exercise of military jurisdiction
      1. Kinds.

         Military jurisdiction is exercised by:

         1. 1. A government in the exercise of that branch of the municipal law which regulates its military establishment. (Military law).
            2. A government temporarily governing the civil population within its territory or a portion of its territory through its military forces as necessity may require. (Martial law).
            3. A belligerent occupying enemy territory. (Military government).
            4. A government with respect to offenses against the law of war.
      2. Agencies.

         The agencies through which military jurisdiction is exercised include:

         1. Courts-martial for the trial of offenses against military law and, in the case of general courts-martial, of persons who by the law of war are subject to trial by military tribunals. See Parts II, III, and IV of this Manual for rules governing courts-martial.
         2. Military commissions and provost courts for the trial of cases within their respective jurisdictions. Subject to any applicable rule of international law or to any regulations prescribed by the President or by other competent authority, military commissions and provost courts shall be guided by the appropriate principles of law and rules of procedures and evidence prescribed for courts-martial.
         3. Courts of inquiry for the investigation of any matter referred to such court by competent authority. See Article 135. The Secretary concerned may prescribe regulations governing courts of inquiry.
         4. Nonjudicial punishment proceedings of a commander under Article 15. See Part V of this Manual.
   3. 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.

4.Structure and application of the Manual for Courts-Martial