육전법중 Military Jurisdiction관할권 이시우 2005/04/19 351
http://faculty.ed.umuc.edu/~nstanton/Ch1.htm#p12
중 일부
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.
민사행정
354. Friendly Territory Subject to Civil Affairs Administration Distinguished
Civil affairs administration is that form of administration established in friendly territory whereby a foreign government pursuant to an agreement, expressed or implied, with the government of the area concerned, may exercise certain authority normally the function of the local government.
Such administration is often established in areas which are freed from enemy occupation. It is normally required when the government of the area concerned is unable or unwilling to assume full responsibility for its administration. Territory subject to civil affairs administration is not considered to be occupied.
If circumstances have precluded the conclusion of a civil affairs agreement with the lawful government of allied territory recovered from enemy occupation or of other territory liberated from the enemy, military government may be established in the area as a provisional and interim measure (see par. 12b and c). A civil affairs agreement should, however, be concluded with the lawful government at the earliest possible opportunity.
정전협정
http://faculty.ed.umuc.edu/~nstanton/Ch7.htm#s6