10-U.S.C.-948I

10-U.S.C.-948I

§948I – Who May Serve On Military Commissions

Pathway

Title 10 > Subtitle A > Part II > Chapter 47A > Subchapter II > Section 948i

Details

  • Reference: Section 948i
  • Legend: §948I – Who May Serve On Military Commissions
  • USCode Year: 2013

Provision Content

(a) In General.—Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty.

(b) Detail of Members.—When convening a military commission under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a military commission when such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case.

(c) Excuse of Members.—Before a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2576.)

Prior Provisions

A prior section 948i, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to who may serve on military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.

U.S. Encyclopedia of Law Coverage

Subchapter XII – United States Court of Appeals For The Armed Forces in the Legal Encyclopedia: General Military Law

In this entry about Subchapter XII – United States Court of Appeals For The Armed Forces, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

Title 10 – Armed Forces in the Legal Encyclopedia: Military Commissions

In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to military commissions in the American Encyclopedia of Law, presenting a comprehensive view of the United States military commissions-specific issues, written by authorities in the field.

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