---
kind: "section"
citation: "10 U.S.C. § 823"
title: "10"
title_heading: "Armed Forces"
number: "823"
heading: "Art. 23. Who may convene special courts-martial"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/823"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter V — Composition of Courts-Martial"
---

# §823. Art. 23. Who may convene special courts-martial

- (a) Special courts-martial may be convened by—
  - (1) any [person](/usc/10/2700.md?p=2) who may convene a general court-martial;
  - (2) the [commanding officer](/usc/10/801.md?p=3) of a district, garrison, fort, camp, station, Air Force or Space Force [military installation](/usc/10/2801.md?p=c-4), auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty;
  - (3) the [commanding officer](/usc/10/801.md?p=3) of a brigade, regiment, detached battalion, or corresponding unit of the Army;
  - (4) the [commanding officer](/usc/10/801.md?p=3) of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force;
  - (5) the [commanding officer](/usc/10/801.md?p=3) of any naval or Coast Guard vessel, shipyard, base, or station; the [commanding officer](/usc/10/801.md?p=3) of any Marine brigade, regiment, detached battalion, or corresponding unit; the [commanding officer](/usc/10/801.md?p=3) of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty;
  - (6) the [commanding officer](/usc/10/801.md?p=3) of any separate or detached command or group of detached units of any of the [armed forces](/usc/10/101.md?p=a-4) placed under a single commander for this purpose; or
  - (7) the [commanding officer](/usc/10/801.md?p=3) or [officer in charge](/usc/10/801.md?p=4) of any other command when empowered by the [Secretary concerned](/usc/10/2801.md?p=c-5).
- (b)
  - (1) If any such [officer](/usc/10/101.md?p=b-1) is an [accuser](/usc/10/801.md?p=9), the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him.
  - (2) A [commanding officer](/usc/10/801.md?p=3) shall not be considered an [accuser](/usc/10/801.md?p=9) solely due to the role of the [commanding officer](/usc/10/801.md?p=3) in convening a special court-martial to which charges and specifications were referred by a [special trial counsel](/usc/10/801.md?p=18) in accordance with this chapter.

## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 44; Pub. L. 116–283, div. A, title IX, § 924(b)(21)(B), Jan. 1, 2021, 134 Stat. 3824; Pub. L. 117–81, div. A, title V, § 534(b), title X, § 1081(a)(13), Dec. 27, 2021, 135 Stat. 1696, 1920.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 823(a)<br>823(b) | 50:587(a).<br>50:587(b). | May 5, 1950, ch. 169, § 1 (Art. 23), 64 Stat. 115. |

In subsection (a)(7), the words “Secretary concerned” are substituted for the words “Secretary of a Department”.

In subsection (b), the word “If” is substituted for the word “When”. The words “if considered” are substituted for the words “when deemed”.

### Editorial Notes

### Amendments

2021—Subsec. (a)(2). Pub. L. 117–81, § 1081(a)(13), inserted comma after “Army”.

Pub. L. 116–283, § 924(b)(21)(B)(i), substituted “Air Force or Space Force military installation” for “Air Force base” and “the Air Force, or the Space Force” for “or the Air Force”.

Subsec. (a)(4). Pub. L. 116–283, § 924(b)(21)(B)(ii), inserted “or a corresponding unit of the Space Force” after “Air Force”.

Subsec. (b). Pub. L. 117–81, § 534(b), designated existing provisions as par. (1) and added par. (2).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Amendment by section 534(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if regulations are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title.

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.