What kinds of offenses can a general court-martial try?

A general court-martial is the highest level of military court within the Anglo-American system of military law. Unlike lower-level courts, such as special courts-martial, which have restricted sentencing powers, a general court-martial possesses the authority to try any offense subject to military jurisdiction and may impose any penalty authorized by the military code.12

The offenses tried by these courts generally fall into two categories:

• Peculiarly military offenses: These include actions such as mutiny, insubordination, desertion, and misconduct while in action or performing service duties.3
• Civil offenses: Military law often takes cognizance of acts that are also crimes under civil law. Depending on the jurisdiction, soldiers may be tried by a military court for actions that would otherwise be offenses against the criminal law of their country. In the United States, specific civil crimes are incorporated into the military code to ensure they can be prosecuted within the military justice system.3

Generally, when both civil and military jurisdictions have authority, civil jurisdiction takes precedence to prevent double jeopardy.3