2023 Amendments to the Manual for Courts-Martial, United States
This executive order, issued by President Biden on July 28, 2023, updates the Manual for Courts-Martial, United States (MCM) by prescribing amendments across Parts II–V, and adds Appendix 12B–12D. The changes are organized into three Annexes. Annex 1 amends Parts II–V with immediate effect on the date of the order, but includes protections ensuring acts committed or omitted before the order remain governed by the prior law. Annex 2 amends Parts I–V and Appendix 12A, with the amendments to apply according to a later NDAA FY 2022 timeline (section 539C) and subject to the same non-retroactivity and pending-proceedings protections. Annex 3 adds Appendix 12B–12D and amends Part II as described in Annex 3, with a December 27, 2023 effective date and alignment to NDAA FY 2022 section 539E(f). Throughout, the order preserves ongoing and pre-existing proceedings and clarifies that changes do not punish acts that were not punishable before the effective dates. In short, the order modernizes the MCM to reflect statutory updates, adds new procedural and/or substantive provisions (via Appendices 12B–12D and related Part II changes), and carefully bounds retroactivity to protect individuals and actions underway prior to the new dates.
Key Points
- 1Annex 1 updates Parts II–V of the MCM and takes effect on the date of the order, with explicit protections against retroactive punishment for acts not punishable before the order and protections for actions already begun (nonjudicial punishments, hearings, referrals, trials, etc.).
- 2Annex 2 updates Parts I–V and Appendix 12A, applying per the NDAA FY 2022 section 539C timeline, while maintaining the same retroactivity and ongoing-proceedings protections.
- 3Annex 3 adds Appendix 12B, Appendix 12C, and Appendix 12D to the MCM and amends Part II as described in Annex 3, with a formal effective date of December 27, 2023 and alignment to NDAA FY 2022 section 539E(f).
- 4The amendments do not retroactively punish acts that were not punishable before the relevant effective dates and do not invalidate ongoing or initiated nonjudicial punishment proceedings or other actions begun prior to those dates.
- 5The White House signature date and the attached annexes signal the scope and method of changes, with the amendments described in the annexes controlling the exact text and procedures.