- MILITARY JURISDICTION--Sources.--The sources of military jurisdiction include the Constitution and international law, the specific provisions of the Constitution relating to such jurisdiction being found in the powers granted to Congress, in the authority vested in the President, and in a provision of the fifth amendment.
- MILITARY JURISDICTION--Exercise.--Military jurisdiction is exercised by a belligerent occupying an enemy's territory (military government); by a government temporarily governing the civil population of a locality through its military forces, without the authority of written law, as necessity may require (martial law) ; and by a government in the execution of that branch of the municipal law which regulates its military establishment (military law).
The agencies through which military jurisdiction is exercised include:
Military Commissions and Provost Courts for the trial of offenses within their respective jurisdictions. These tribunals are summary in their nature, but so far as not otherwise provided have usually been guided by the applicable rules of procedure and of evidence pre- scribed 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 exercising disciplinary powers under A. W. 104;
Courts of inquiry for the examination of transactions of or accusations or imputations against officers or soldiers and for the purpose indicated in section 24b of the national defense act. See AR 600-300 and 605-200.
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