[Cats Pajamas]

Question kit?

Can military tribunals be held anywhere or must they be held on military installations? Could they hold one in a correctional facility?

Asking for a friend?

[Jack Black]

Military tribunals are only for the military, or foreign combatants. Lincoln tried to use them in American citizens during the civil war and was told to stop by the Supreme Court.

[KitJ]

"Can military tribunals be held anywhere or must they be held on military installations? Could they hold one in a correctional facility?"

Caveat - I'm no expert.

I would think that's a matter of a jurisdictional agreement. If the local, presiding, LEO makes an agreement with the DOD, then they should be able to happen anywhere.

All CONUS military installations have agreements with local law enforcement on who has jurisdiction where.

Usually, if a civilian commits a crime on a post or base the military police will call local authorities to prosecute. If a military member commits a crime on post, the military will usually prosecute. If a military member commits a crime off post, the military and civil authorities will determine who prosecutes based on their agreements.

So it would seem to me that a tribunal could take place on any Federal property but to hold one on other-than-federal property, the local law enforcement would need to approve.

Jurisdiction is a sticky wicket.