2008 edition - Fort Sam Houston - U.S. Army

Rule 201. Jurisdiction in general
(a) Nature of courts-martial jurisdiction.
(1) The jurisdiction of courts-martial is entirely
penal or disciplinary.
Discussion
“Jurisdiction” means the power to hear a case and to render a
legally competent decision. A court-martial has no power to adjudge
civil remedies. For example, a court-martial may not adjudge
the payment of damages, collect private debts, order the
return of property, or order a criminal forfeiture of seized property.
A summary court-martial appointed under 10 U.S.C. §§ 4712
or 9712 to dispose of the effects of a deceased person is not
affected by these Rules or this Manual.
(2) The code applies in all places.
Discussion
Except insofar as required by the Constitution, the code, or the
Manual, jurisdiction of courts-martial does not depend on where
the offense was committed.
The code applies in all places (Article 5), but its application
may be limited by the service-connection doctrine. The location
of an offense is often of major importance in the application of
this doctrine. See R.C.M. 203 and discussion. Article 2(a)(11) and
(12) establishes court-martial jurisdiction only in certain places.
See R.C.M. 202.
(3) The jurisdiction of a court-martial with respect
to offenses under the code is not affected by the
place where the court-martial sits. The jurisdiction
of a court-martial with respect to military government
or the law of war is not affected by the place
where the court-martial sits except as otherwise expressly
required by this Manual or applicable rule of
international law.
Discussion
In addition to the power to try persons for offenses under the
code, general courts-martial have power to try certain persons for
violations of the law of war and for crimes or offenses against the
law of the territory occupied as an incident of war or belligerency
whenever the local civil authority is superseded in whole or part
by the military authority of the occupying power. See R.C.M.
201(f)(1)(B). In cases where a person is tried by general courtmartial
for offenses against the law of an occupied territory, the
court-martial normally sits in the country where the offense is
committed, and must do so under certain circumstances. See Articles
4, 64, and 66, Geneva Convention Relative to the Protection
CHAPTER II. JURISDICTION
of Civilian Persons in Time of War, August 12, 1949, arts. 4, 64,
and 66, 6 U.S.T. 3516, 3559-60 T.I.A.S. No. 3365.
(b) Requisites of court-martial jurisdiction. A courtmartial
always has jurisdiction to determine whether
it has jurisdiction. Otherwise for a court-martial to
have jurisdiction:
(1) The court-martial must be convened by an
official empowered to convene it;
Discussion
See R.C.M. 504; 1302.
(2) The court-martial must be composed in accordance
with these rules with respect to number
and qualifications of its personnel. As used here
“personnel” includes only the military judge, the
members, and the summary court-martial;
Discussion
See R.C.M. 501-504; 1301.
(3) Each charge before the court-martial must be
referred to it by competent authority;
See R.C.M. 601.
Discussion
(4) The accused must be a person subject to courtmartial
jurisdiction; and
See R.C.M. 202.
Discussion
(5) The offense must be subject to court-martial
jurisdiction.
Discussion
See R.C.M. 203.
The judgment of a court-martial without jurisdiction is void
and is entitled to no legal effect. See R.C.M. 907(b)(2)(C)(iv). But
see R.C.M. 810(d) concerning the effect of certain decisions by
courts-martial without jurisdiction.
(c) Contempt. A court-martial may punish for con-
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