1
Codified in 10 U.S.C. §§ 801-941.
2
Rules of procedure and rules of evidence for courts-martial are established by the President as
authorized by Art. 36, UCMJ (10 U.S.C. § 836).
3
Each military service supplements the MCM to meet its individual needs. The Army has Army
Regulation 27-10; the Navy and Marine Corps have the Manual for the Judge Advocate General;
and the Air Force has Air Force Instructions.
Congressional Research Service ˜ The Library of Congress
CRS Report for Congress
Received through the CRS Web
Order Code RS21850
May 26, 2004
Military Courts-Martial: An Overview
Estela I. Velez Pollack
Legislative Attorney
American Law Division
Summary
The recent reports of abuse of prisoners held by the military in Iraq have raised
questions about how the armed forces discipline and punish those who commit crimes
or violate the rules and regulations of the military. Congress, under the authorities
vested in it, enacted a code of military laws, the Uniform Code of Military Justice
(UCMJ). The President, by Executive Order, has, in turn, established standards and
procedures for prosecuting violators of the UCMJ and certain other laws. Military
criminal courts are known as courts-martial. This report provides an overview of
military courts-martial: who can be tried, potential punishments, and the appeals
process.
Background
Under Article I, sec. 8 of the U.S. Constitution, Congress has the power to raise and
support armies; provide and maintain a navy; and provide for organizing and disciplining
them. Under this authority, the Congress has enacted the Uniform Code of Military
Justice (UCMJ),
1
the code of military criminal laws applicable to all military members
worldwide. The President implemented the UCMJ through the Manual for Courts-Martial
(MCM), which was prescribed by Executive Order 12473 (April 13, 1984). The Manual
for Courts-Martial contains the Rules for Courts-Martial (RCM), the Military Rules of
Evidence (MRE),
2
and the UCMJ The MCM covers almost all aspects of military law.
3
Military criminal trial courts are known as courts-martial. Military courts are not
considered Article III courts but instead are established pursuant to Article I of the
