§ 822. Art. 22. Who may convene general courts-martial

• (a) General courts-martial may be convened by—
  • (1) the President of the United States;
  • (2) the Secretary of Defense;
  • (3) the commanding officer of a unified or specified combatant command;
  • (4) the Secretary concerned;
  • (5) the commanding officer of an Army Group, an Army, an Army Corps, a division, a separate brigade, or a corresponding unit of the Army or Marine Corps;
  • (6) the commander of a fleet; the commanding officer of a naval station or larger shore activity of the Navy beyond the United States;
  • (7) the commanding officer of an air command, an air force, an air division, or a separate wing of the Air Force or Marine Corps, or the commanding officer of a corresponding unit of the Space Force;
  • (8) any other commanding officer designated by the Secretary concerned; or
  • (9) any other commanding officer in any of the armed forces when empowered by the President.
• (b)
  • (1) If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him.
  • (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.