Chapter II · Jurisdiction
R.C.M. 203. Jurisdiction over the offense
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (4)To the extent permitted by the Constitution, courts-martial may try any offense under the UCMJ and, in the case of general courts-martial, the law of war.
Discussion
(a) In general . Courts-martial have power to try any offense under the UCMJ except when prohibited from so doing by the Constitution. The rule enunciated in Solorio v. United States , 483 U.S. 435 (1987), is that jurisdiction of courts-martial depends solely on the accused’s status as a person subject to the Uniform Code of Military Justice, and not on the “service-connection” of the offense charged. (b) Pleading and proof . Normally, the inclusion of the accused’s rank or grade will be sufficient to plead the service status of the accused. Ordinarily, no allegation of the accused’s armed force or unit is necessary for military members on active duty. See R.C.M. 307 regarding required specificity of pleadings. For jurisdictional punishment limitations applicable for specific types of courts-martial, see R.C.M. 201(f).
Cross-referencesCited by 4Cites 2
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 203. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 201(b)(5) — Jurisdiction in general
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.…
Discussion under R.C.M. 1304(a)(2) — Trial procedure
…each alleges personal jurisdiction over the accused ( see R.C.M. 202) and an offense under the UCMJ ( see R.C.M. 203 and Part IV). Substantial defects or errors in the charges and specifications must be reported to the…
UCMJ Punitive Articles
Article 134, ¶ 91.c.(2)(a) — General article
…a disorder or neglect to the prejudice of good order and discipline in the armed forces. However, see R.C.M. 203 concerning subject-matter jurisdiction.
Article 134, ¶ 91.c.(3) — General article
…a foreign law may be punished if they are of a nature to bring discredit upon the armed forces. However, see R.C.M. 203 concerning subject-matter jurisdiction.
R.C.M. 203 cites
Provisions named in the text of R.C.M. 203. Where the cited provision is on this site, the link opens it.