A court-martial shall have jurisdiction to try persons subject to this Code for any offense defined and made punishable by this Code.
A court-martial shall consist of:
1. With panel. A military judge and a panel of not less than 3 members; or
2. Without panel. A military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves the request.