Military Jurisdiction and Military Commissions US Army Field Manual, FM 27-10 13. Military Jurisdiction Military jurisdiction is of two kinds: first, that which is conferred by that branch of a country's municipal law which regulates its military establishment; second, that which is derived from international law, including the law of war. In the Army of the United States, military jurisdiction is exercised through the following military tribunals: a. Courts-martial. b. Military commissions. c. Provost courts. d. Other military tribunals. While general courts-martial have concurrent jurisdiction with military commissions, provost courts, and other types of military tribunals to try any offender who by the law of war is subject to trial by military tribunals (UCMJ, art. 18), it has generally been held that military commissions and similar tribunals have no jurisdiction of such purely military offenses specified in the Uniform Code of Military Justice as are expressly made punishable by sentence of court-martial (except where the military commission is also given express statutory authority over the offense (UCMJ, arts. 104, 106) ). In practice, offenders who are not subject to the Uniform Code of Military Justice but who by the law of war are subject to trial by military tribunals, are tried by military commissions, provost courts, or other forms of military tribunals. In areas occupied by United States forces, military jurisdiction over individuals, other than members of the Armed Forces, who are charged with violating legislation or orders of the occupant is usually exercised by military government courts. Although sometimes designated by other names, these tribunals are actually military commissions. They sit in and for the occupied area and thus exercise their jurisdiction on a territorial basis. Also see -- American Bar Association TASK FORCE ON TERRORISM AND THE LAW REPORT and RECOMMENDATIONS ON MILITARY COMMISSIONS (Jan. 4, 2002)