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KEY TO REFERENCES, CITATIONS, AND

ABBREVIATIONS

The Manual for Courts-Martial, United States, 1969, may be cited as "MCM, 1969."

In the manual the Uniform Code of Military Justice is referred to as "the code."

The terms defined in Article 1 of the code are used throughout the manual in the sense of the respective definitions unless the context indicates to the contrary.

In the manual, references and citations appear in the following forms:

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A paragraph of the manual and an article 9 and Article 2. of the code.

Plural articles of the code___

A chapter of the manual...

5b(3)).
(9; Art. 2)

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A paragraph and an appendix of the manual. 32f(1) and appendix 3.. (32f(1); app. 3)

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Chapter I

MILITARY JURISDICTION

SOURCES-EXERCISE

1. SOURCES. The sources of military jurisdiction include the Constitution and international law. International law includes the law of war. The specific provisions of the Constitution relating to military jurisdiction are found in the powers granted to Congress, in the authority vested in the President, and in a provision of the fifth amendment.

2. EXERCISE. Military jurisdiction is exercised by a belligerent occupying enemy territory (military government); by a government temporarily governing the civil population within its territory or a portion thereof through its military forces, without the authority of written law, as necessity may require (martial law); by a government in the execution of that branch of the municipal law which regulates its military establishment (military law); and by a government with respect to offenses against the law of war.

The agencies through which military jurisdiction is exercised include:

Military Commissions and Provost Courts for the trial of offenses within their respective jurisdictions. Subject to any applicable rule of international law or to any regulations prescribed by the President or by any other competent authority, these tribunals will be guided by the applicable principles of law and rules of procedure and evidence prescribed for courts-martial.

Courts-Martial-General, Special, and Summary for the trial of offenders against military law and, in the case of general courts-martial, of persons who by the law of war are subject to trial by military tribunals. Commanding Officers and Officers in Charge exercising nonjudicial powers under Article 15.

Courts of Inquiry for the investigation of any matter referred to such court by competent authority. See Article 135. Under the provisions of Article 140, the authority to promulgate regulations governing courts of inquiry is hereby delegated to the Secretaries concerned.

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