Who are the approval authorities for immunity requests for witnesses subject to the UCMJ?

• A. The President approves all immunity for UCMJ witnesses
• B. The local commander approves immunity for UCMJ witnesses
• C. GCMCA, SPCMA (if delegated), or LSTC (if it is an OSTC covered offense)
• D. DoJ disapproves or approves immunity for UCMJ witnesses

Answer: (C)

Immunity approvals for witnesses in UCMJ proceedings come from the military authorities who oversee the case, not civilian agencies. The primary approving authority is the General Court-Martial Convening Authority (GCMCA), who has the default responsibility to authorize use-immunity for witnesses in general courts-martial. If the case is being handled in a special court-martial and the GCMCA has delegated authority, that duty can fall to the Special Court-Martial Convening Authority (SPCMA). In offenses that fall under the Office of Special Trial Counsel (OSTC) oversight, the Local Special Trial Counsel (LSTC) has the authority to approve immunity for witnesses.

So, the able framework is: GCMCA as the default, SPCMA if the authority has been delegated for a special court-martial, or LSTC for OSTC-covered offenses. This keeps immunity decisions squarely within the military justice system and avoids civilian agencies like DoJ or presidential approval, and a local commander does not automatically hold this power unless a formal delegation exists.