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10 U.S.C. § 801 — Article 1. Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
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Source file: Laws/federal/codes/united-states-code/title-10/section-801-article-1-definitions--d6f9275d41.md
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Source location: Title 10, Chapter 47, § 801; chapter-047-uniform-code-of-military-justice.md
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In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830a&num=0&edition=prelim) (article 26(a) or 30a).
(11) The term “military magistrate” means a commissioned officer certified for duty as a military magistrate in accordance with [section 826a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826a&num=0&edition=prelim) (article 26a).
(12) The term “legal officer” means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to perform legal duties for a command.
(13) The term “judge advocate” means—
(A) an officer of the Judge Advocate General’s Corps of the Army, the Navy, or the Air Force;
(B) an officer of the Marine Corps who is designated as a judge advocate; or
(C) a commissioned officer of the Coast Guard designated for special duty (law).
(14) The term “record”, when used in connection with the proceedings of a court-martial, means—
(A) an official written transcript, written summary, or other writing relating to the proceedings; or
(B) an official audiotape, videotape, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.
(15) The term “classified information” means (A) any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security, and (B) any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 ([42 U.S.C. 2014(y)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/y&num=0&edition=prelim)).
(16) The term “national security” means the national defense and foreign relations of the United States.
(17) The term “covered offense” means—
(A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920a (article 120a), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), the standalone offense of child pornography punishable under section 934 (article 134), or the standalone offense of sexual harassment punishable under section 934 (article 134) of this title in each instance in which a formal complaint is made and such formal complaint is substantiated in accordance with regulations prescribed by the Secretary concerned;
(B) a conspiracy to commit an offense specified in subparagraph (A) as punishable under [section 881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim) (article 81);
(C) a solicitation to commit an offense specified in subparagraph (A) as punishable under [section 882 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section882&num=0&edition=prelim) (article 82); or
(D) an attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80).
(18) The term “special trial counsel” means a judge advocate detailed as a special trial counsel in accordance with [section 824a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim) (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to [section 1044f(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044f/a/2&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A period of leave required to be taken under section 876a or 1182(c)(2) of this title shall be charged against any accrued leave to the member’s credit on the day before the day such leave begins unless the member elects to be paid for such accrued leave under subsection (b). If the member does not elect to be paid for such accrued leave under subsection (b), or does not have sufficient accrued leave to his credit to cover the total period of leave required to be taken, the leave not covered by accrued leave shall be charged as excess leave. If the member elects to be paid for accrued leave under subsection (b), the total period of leave required to be taken shall be charged as excess leave.
**(b)**
(1) A member who is required to take leave under section 876a or 1182(c)(2) of this title and who has accrued leave to his credit on the day before the day such leave begins may elect to be paid for such accrued leave. Any such payment shall be based on the rate of basic pay to which the member was entitled on the day before the day such leave began. If the member does not elect to be paid for such accrued leave, the member is entitled to pay and allowances during the period of accrued leave required to be taken.
(2) Except as provided in paragraph (1) and in sections 707 and 707a of this title, a member may not accrue or receive pay or allowances during a period of leave required to be taken under section 876a or 1182(c)(2) of this title.
**(c)** A member required to take leave under section 876a or 1182(c)(2) of this title is not entitled to any right or benefit under chapter 43 of title 38 solely because of employment during the period of such leave.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Alien.—** — The term “alien” means an individual who is not a citizen of the United States.
(2) **Classified information.—** — The term “classified information” means the following:
(A) Any information or material that has been determined by the United States Government pursuant to statute, Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security.
(B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 ([42 U.S.C. 2014(y)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/y&num=0&edition=prelim)).
(3) **Coalition partner.—** — The term “coalition partner”, with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities.
(4) **Geneva convention relative to the treatment of prisoners of war.—** — The term “Geneva Convention Relative to the Treatment of Prisoners of War” means the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
(5) **Geneva conventions.—** — The term “Geneva Conventions” means the international conventions signed at Geneva on August 12, 1949.
(6) **Privileged belligerent.—** — The term “privileged belligerent” means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War.
(7) **Unprivileged enemy belligerent.—** — The term “unprivileged enemy belligerent” means an individual (other than a privileged belligerent) who—
(A) has engaged in hostilities agai
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Court of Appeals for the Armed Forces shall review the record in—
(1) all cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death;
(2) all cases reviewed by a Court of Criminal Appeals which the Judge Advocate General, after appropriate notification to the other Judge Advocates General and the Staff Judge Advocate to the Commandant of the Marine Corps, orders sent to the Court of Appeals for the Armed Forces for review; and
(3) all cases reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on good cause shown, the Court of Appeals for the Armed Forces has granted a review.
**(b)** The accused may petition the Court of Appeals for the Armed Forces for review of a decision of a Court of Criminal Appeals within 60 days from the earlier of—
(1) the date on which the accused is notified of the decision of the Court of Criminal Appeals; or
(2) the date on which a copy of the decision of the Court of Criminal Appeals, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first-class certified mail to the accused at an address provided by the accused or, if no such address has been provided by the accused, at the latest address listed for the accused in his official service record.
The Court of Appeals for the Armed Forces shall act upon such a petition promptly in accordance with the rules of the court.
**(c)**
(1) In any case reviewed by it, the Court of Appeals for the Armed Forces may act only with respect to—
(A) the findings and sentence set forth in the entry of judgment, as affirmed or set aside as incorrect in law by the Court of Criminal Appeals;
(B) a decision, judgment, or order by a military judge, a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.
**(b)** The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it.
**(c)** The writ of habeas corpus shall not extend to a prisoner unless—
(1) He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or
(2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
(3) He is in custody in violation of the Constitution or laws or treaties of the United States; or
(4) He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
(5) It is necessary to bring him into court to testify or for trial.
**(d)** Where an application for a writ of habeas corpus is made by a person in custody under the judgment and sentence of a State court of a State which contains two or more Federal judicial districts, the application may be filed in the district court for the district wherein such person is in custody or in the district cour
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.
**(b)** The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
**(c)** Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused—
(1) guilty;
(2) not guilty; or
(3) not guilty only by reason of lack of mental responsibility.
**(d)** Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused—
(1) guilty;
(2) not guilty; or
(3) not guilty only by reason of lack of mental responsibility.
**(e)** Notwithstanding the provisions of [section 852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section852&num=0&edition=prelim) (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if—
(1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or
(2) in the case of a court-martial composed of a military judge only, the military judge det
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sentence Maximums.—** The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
**(b) Sentence Minimums for Certain Offenses.—**
(1) Except as provided in subsection (c) 11 See References in Text note below. of [section 853a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853a&num=0&edition=prelim) (article 53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable.
(2) The offenses referred to in paragraph (1) are as follows:
(A) Rape under subsection (a) of [section 920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920&num=0&edition=prelim) (article 120).
(B) Sexual assault under subsection (b) of such section (article).
(C) Rape of a child under subsection (a) of [section 920b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section920b&num=0&edition=prelim) (article 120b).
(D) Sexual assault of a child under subsection (b) of such section (article).
(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 880 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section880&num=0&edition=prelim) (article 80).
(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under [section 881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section881&num=0&edition=prelim) (article 81).
**(c) Imposition of Sentence.—**
(1) **In general.—** — In sentencing an accused under [section 853 of this title](https://uscode
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.
**(b) Construction** Nothing in this section shall be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under this section.
**(c) Limitation on supersedure** The provisions of this section shall not be superseded, except by a provision of law enacted after December 30, 2005, which specifically repeals, modifies, or supersedes the provisions of this section.
**(d) Cruel, inhuman, or degrading treatment or punishment defined** In this section, the term “cruel, inhuman, or degrading treatment or punishment” means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose.—** This chapter establishes procedures governing the use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission.
**(b) Authority for Military Commissions Under This Chapter.—** The President is authorized to establish military commissions under this chapter for offenses triable by military commission as provided in this chapter.
**(c) Construction of Provisions.—** The procedures for military commissions set forth in this chapter are based upon the procedures for trial by general courts-martial under chapter 47 of this title (the Uniform Code of Military Justice). Chapter 47 of this title does not, by its terms, apply to trial by military commission except as specifically provided therein or in this chapter, and many of the provisions of chapter 47 of this title are by their terms inapplicable to military commissions. The judicial construction and application of chapter 47 of this title, while instructive, is therefore not of its own force binding on military commissions established under this chapter.
**(d) Inapplicability of Certain Provisions.—**
(1) The following provisions of this title shall not apply to trial by military commission under this chapter:
(A) Section 810 (article 10 of the Uniform Code of Military Justice), relating to speedy trial, including any rule of courts-martial relating to speedy trial.
(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and (d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination.
(C) Section 832 (article 32 of the Uniform Code of Military Justice), relating to preliminary hearing.
(2) Other provisions of chapter 47 of this title shall apply to trial by military comm
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Number.—** The United States Court of Appeals for the Armed Forces consists of five judges.
**(b) Appointment; Qualification.—**
(1) Each judge of the court shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e).
(2)
(A) The term of a judge shall expire as follows:
(i) In the case of a judge who is appointed after January 31 and before July 31 of any year, the term shall expire on July 31 of the year in which the fifteenth anniversary of the appointment occurs.
(ii) In the case of a judge who is appointed after July 31 of any year and before February 1 of the following year, the term shall expire fifteen years after such July 31.
(B) If at the time of the appointment of a judge the date that is otherwise applicable under subparagraph (A) for the expiration of the term of service of the judge is the same as the date for the expiration of the term of service of a judge already on the court, then the term of the judge being appointed shall expire on the first July 31 after such date on which no term of service of a judge already on the court will expire.
(3) No person may be appointed to be a judge of the court unless the person is a member of the bar of a Federal court or the highest court of a State.
(4) A person may not be appointed as a judge of the court within seven years after retirement from active duty as a commissioned officer of a regular component of an armed force.
**(c) Removal.—** Judges of the court may be removed from office by the President, upon notice and hearing, for—
(1) neglect of duty;
(2) misconduct; or
(3) mental or physical disability.
A judge may n
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