On October 5, 2026, the Pentagon announced that President Trump had approved the execution of former Army Maj. Nidal Hasan by firing squad for the 2009 Fort Hood shooting, which would mark the first US military execution since 1961. Four inmates currently sit on the military’s death row at the US Disciplinary Barracks in Fort Leavenworth, Kansas, under a capital punishment system that has not actually carried out an execution in 65 years.
Military Execution in America 2026 – Introduction
Military execution in the US describe a legal system that exists almost entirely in theory. The Uniform Code of Military Justice allows death sentences for 15 specific offenses, and military courts-martial have handed down capital sentences periodically for decades, but the US military has not actually executed anyone since April 13, 1961. That 65-year gap stems from a combination of mandatory, multi-layered appeals, a constitutional challenge that briefly invalidated the entire system in the 1980s, and a presidential approval requirement that no commander-in-chief had exercised in the modern era — until October 2026.
The announcement that President Trump approved a firing squad execution for Nidal Hasan, the former Army psychiatrist convicted in the 2009 Fort Hood shooting, represents the most significant development in military capital punishment in more than six decades. Whether the execution is actually carried out remains genuinely uncertain, since federal habeas corpus litigation could delay the process for years even after presidential approval. This report breaks down exactly who is on military death row, how the military capital punishment process works, the history behind the 65-year execution gap, and what the Hasan case could mean going forward, based on Department of War statements, legal reporting, and historical military justice records.
Interesting Facts about Military Execution Statistics in the US
| Category | Figure |
|---|---|
| Inmates currently on military death row | 4 |
| Location of military death row | US Disciplinary Barracks, Fort Leavenworth, Kansas |
| Years since the last military execution | 65 years (last: April 13, 1961) |
| Date Trump approved Hasan’s execution | October 5, 2026 |
| Approved execution method for Hasan | Firing squad |
| Window for setting an execution date after presidential approval | 60-150 days |
| Capital offenses under the UCMJ | 15 |
| Total US military executions since 1916 | 135 |
| Minimum age for military capital punishment | 18 |
The scale of military capital punishment is tiny compared with the civilian death penalty system: just 4 people currently sit on military death row, compared with roughly 1,973 inmates on state and federal death row combined as of mid-2026. But the legal and political significance of the Hasan announcement is outsized precisely because of how dormant this system has been — the 65-year gap since the last military execution spans more than a dozen changes in presidential administration, making the question of whether Trump’s approval actually results in an execution a genuinely unresolved one even after the Pentagon’s announcement.
The specific method approved for Hasan’s execution, a firing squad, also stands out historically: the last time the US military shot a service member by firing squad was in 1945, when Army Pvt. Eddie Slovik was executed for desertion during World War II. Every military execution carried out since the Uniform Code of Military Justice took effect in 1951 has been by hanging, and current military execution regulations, in place since January 2006, specify lethal injection as the standard method — meaning the Hasan order, if carried out as announced, would represent a deliberate departure from the military’s own modern execution protocol.
The Hasan Case: Trump Approves a Military Firing Squad Execution in 2026
HASAN CASE TIMELINE
NOV 2009 ████ Fort Hood shooting; 13 killed, 32 wounded
2013 ████████ Court-martial convicts Hasan; death sentence
2025 ████████████████ US Supreme Court declines to hear appeal
OCT 5 2026 ████████████████████ Trump approves firing squad execution
| Detail | Figure |
|---|---|
| Date of Fort Hood shooting | November 5, 2009 |
| People killed | 13 |
| People wounded | 32 |
| Hasan’s rank at time of offense | Major, Army Medical Corps (psychiatrist) |
| Court-martial conviction/sentencing | 2013 |
| US Supreme Court declined appeal | 2025 |
| Execution method approved | US Army firing squad |
| Announcing official | Pentagon spokesman Sean Parnell |
Data Source: Department of War statement, court records, World Socialist Web Site reporting
The case that triggered this development dates back to November 5, 2009, when then-Army Maj. Nidal Hasan opened fire inside a medical building at Fort Hood, Texas, where soldiers were undergoing pre-deployment medical processing, killing 13 people and wounding 32 others. Hasan, who represented himself at his 2013 court-martial, was convicted and sentenced to death; the US Supreme Court declined to hear his final appeal in 2025, clearing the way for the case to proceed toward a presidential execution decision. On October 5, 2026, Pentagon spokesman Sean Parnell announced on social media that Secretary of War Pete Hegseth had recommended, and President Trump had approved, execution by US Army firing squad.
With that approval issued, the Secretary of the Army now holds responsibility for setting the specific time and place of execution. According to reporting citing Army Lawyer magazine, military regulations call for that date to be set within 60 to 150 days of presidential approval — though the same reporting noted that a habeas corpus petition filed in civilian federal court could delay the actual execution by years, meaning an approval order does not guarantee a near-term execution date. If ultimately carried out, Hasan’s execution would be the first by the US military since 1961, a six-and-a-half-decade gap unmatched by any other category of American capital punishment.
Who Is on Military Death Row in 2026
MILITARY DEATH ROW, 2026
TOTAL INMATES ████ 4
LOCATION US DISCIPLINARY BARRACKS, FORT LEAVENWORTH, KANSAS
| Metric | Figure |
|---|---|
| Total inmates on military death row (2026) | 4 |
| Primary holding facility | US Disciplinary Barracks, Fort Leavenworth, Kansas |
| Additional holding location (as of recent reporting) | Camp Lejeune (one inmate) |
| Convictions underlying current sentences | Premeditated murder or felony murder |
| Transport facility for any carried-out execution | Federal Correctional Institution, Terre Haute, Indiana |
| Army operational plan name | “Operation Resolute Justice” |
Data Source: Death Penalty Information Center, Task & Purpose, ABC News
As of 2026, four men remain on the US military’s death row, held primarily at the Special Housing Unit of the US Disciplinary Barracks at Fort Leavenworth, Kansas, with at least one inmate held separately at Camp Lejeune. Every current military death sentence stems from a conviction for premeditated murder or felony murder — the UCMJ permits the death penalty for a broader range of 15 offenses, but in practice, modern military capital cases have centered almost entirely on murder convictions rather than purely military offenses like desertion, which historically accounted for the bulk of executions during wartime periods.
In anticipation of a possible presidential execution order, the Army developed an internal operational plan, reported under the name “Operation Resolute Justice,” directing coordination between Army components and the Federal Bureau of Prisons to transport any condemned inmate from Fort Leavenworth to the Federal Correctional Institution in Terre Haute, Indiana — the same facility where the Justice Department has carried out federal civilian executions in recent years — and to establish a witness viewing station for the procedure. That planning document, reviewed by multiple news outlets in mid-2026 before the Hasan announcement, indicates the Army had been preparing the logistical groundwork for a resumption of military executions well before Trump’s specific approval in October. For more on how military death row fits into the broader US death penalty landscape, see our US Death Penalty Statistics report.
How Military Capital Punishment Works: The UCMJ Process
MILITARY CAPITAL CASE PROCESS
COURT-MARTIAL CONVICTION/SENTENCE (12-MEMBER PANEL, UNANIMOUS)
↓
SERVICE COURT OF CRIMINAL APPEALS (AUTOMATIC APPEAL)
↓
US COURT OF APPEALS FOR THE ARMED FORCES
↓
PRESIDENTIAL REVIEW AND SIGNED EXECUTION ORDER (REQUIRED)
| Process Step | Requirement |
|---|---|
| Trial venue | General court-martial, panel of at least 12 members |
| Conviction/sentencing standard | Unanimous verdict and sentence required |
| First-level appeal | Service’s Court of Criminal Appeals (automatic) |
| Second-level appeal | US Court of Appeals for the Armed Forces |
| Final authority to order execution | President of the United States, via signed execution order |
| Legal basis for capital offenses | 10 U.S.C. §§ 886-934 (UCMJ), 15 offenses |
| Defendant plea restriction | Cannot plead guilty if government seeks death penalty |
Data Source: Death Penalty Information Center, Uniform Code of Military Justice
Military capital cases follow a considerably more insulated legal process than civilian death penalty cases. A capital court-martial requires a panel of at least 12 members, who must reach a unanimous verdict on both guilt and sentence — a higher bar than most civilian jurisdictions, some of which allow non-unanimous sentencing recommendations. Defendants facing a death-penalty prosecution are explicitly barred from pleading guilty, a safeguard intended to prevent any possibility of a coerced or expedited guilty plea in a capital case.
Every military death sentence then proceeds through a mandatory, automatic appellate process: first to the Court of Criminal Appeals for the relevant military service, and then to the US Court of Appeals for the Armed Forces, the military justice system’s highest appellate body below the US Supreme Court itself. Even after exhausting those military appeals, as Hasan’s case did when the Supreme Court declined review in 2025, no military execution can proceed without the President of the United States personally signing an execution order — a constitutional and statutory requirement unique to military capital cases that has no direct civilian parallel, and one that effectively gave every president since 1961 the power to leave military death sentences unexecuted simply by declining to act on them.
History of Military Executions in the US
MILITARY EXECUTIONS BY ERA
1916-1961 (TOTAL) ████████████████████████████████████████ 135
SINCE 1961 (TO 2026) 0
| Era | Executions | Notable Detail |
|---|---|---|
| 1916-1961 | 135 total | Includes wartime desertion and murder cases |
| Last pre-1984 military execution | 1961 | Army Pvt. John Bennett, hanged at Fort Leavenworth |
| 1983 | — | US Court of Appeals for the Armed Forces rules the military death penalty unconstitutional |
| 1984 | — | Reagan executive order reinstates military capital punishment under revised standards |
| Last firing squad military execution | 1945 | Pvt. Eddie Slovik, executed for desertion |
| 2026 | 0 so far | Pending outcome of the Hasan case |
Data Source: National Law Journal, Death Penalty Information Center, Wikipedia
The modern 65-year gap in military executions traces back to April 13, 1961, when Army Pvt. John Bennett was hanged at Fort Leavenworth after being convicted of rape and attempted murder — the last time the US military carried out a death sentence. That gap very nearly became permanent on legal grounds: in 1983, the US Court of Appeals for the Armed Forces (then the Court of Military Appeals) ruled the military’s existing death penalty framework unconstitutional, effectively suspending military capital punishment entirely until President Reagan signed an executive order in 1984 establishing new sentencing procedures intended to address the court’s objections and formally reinstating the system.
Looking further back, military records show the Army alone executed 135 people between 1916 and 1961, a period spanning both World Wars when wartime offenses like desertion carried the death penalty far more routinely than they do under the modern, murder-dominated military death row. The last time the method specifically approved for Hasan, firing squad, was used in a US military execution was 1945, when Pvt. Eddie Slovik was shot for desertion during World War II — making the Hasan case, should it proceed, both the first military execution in 65 years and the first military firing squad execution in more than 80 years.
Military Executions Compared to Civilian Executions in 2026
US EXECUTIONS IN 2026: MILITARY VS. CIVILIAN
CIVILIAN (STATE + FEDERAL), THROUGH LATE SEPT. ███████████████████████████ 29
MILITARY 0
| Metric | 2026 Figure |
|---|---|
| Total US civilian executions (through late September 2026) | 29 |
| Military executions (2026, as of this report) | 0 |
| Veterans executed under civilian death sentences (2025) | 10 (highest in nearly 20 years) |
| State/federal death row population (July 2026) | 1,973 |
| Firing squad executions, civilian system (2025) | 3 (all in South Carolina) |
Data Source: Death Penalty Information Center, theworlddata.com death penalty tracking
Military capital punishment remains numerically insignificant compared with the civilian death penalty system, even as both have seen renewed activity in 2026. The US recorded 29 civilian executions through late September 2026, continuing a pace that marked 2025 as the highest-execution year since 2009, while military executions remained at zero for the entire modern era heading into the Hasan announcement. Notably, military service carries a documented connection to civilian death row as well: 10 military veterans were executed under state or federal civilian death sentences in 2025, the highest total in nearly 20 years, with advocates noting that service-related conditions like PTSD and traumatic brain injury are not always adequately weighed at trial.
The civilian system’s own recent embrace of firing squads adds further context to the Hasan decision: South Carolina carried out three firing squad executions in 2025 — the first use of the method anywhere in the US since Utah’s 2010 execution of Ronnie Lee Gardner — and Idaho made the firing squad its primary execution method effective July 1, 2026. That broader civilian trend toward reviving older execution methods, driven partly by documented difficulties obtaining lethal injection drugs, forms important context for understanding why a firing squad, rather than the lethal injection protocol specified in current military execution regulations, was the method the Pentagon selected for Hasan’s case. For more on how firing squad executions have unfolded across US states in 2026, see our Firing Squad Execution Statistics in US report, and for broader context on the Fort Hood shooting itself within the wider pattern of American mass shootings, see our Fatal Shooting Statistics in US report.
Frequently Asked Questions
How many people are on military death row in 2026?
Four inmates are currently held on the US military’s death row, primarily at the US Disciplinary Barracks in Fort Leavenworth, Kansas, with at least one held at Camp Lejeune.
When was the last US military execution?
The last military execution took place on April 13, 1961, when Army Pvt. John Bennett was hanged at Fort Leavenworth after being convicted of rape and attempted murder.
Who is Nidal Hasan and why was his execution approved?
Nidal Hasan is a former Army major and psychiatrist convicted in the 2009 Fort Hood shooting, which killed 13 people and wounded 32 others. On October 5, 2026, the Pentagon announced President Trump had approved his execution by firing squad after the US Supreme Court declined to hear his final appeal in 2025.
How long after presidential approval does a military execution happen?
Military regulations generally call for an execution date to be set within 60 to 150 days of presidential approval, according to legal reporting, though a federal habeas corpus petition could delay the actual execution by years.
Does the President have to personally approve military executions?
Yes. Under the Uniform Code of Military Justice, no military execution can proceed without the President of the United States personally signing an execution order, even after a death sentence has exhausted all military appellate review.
What execution method does the military normally use?
Current military execution regulations, in place since January 2006, specify lethal injection as the standard method. The firing squad approved for the Hasan case would be a departure from that standard protocol, and the first military firing squad execution since 1945.
How many people has the US military executed historically?
The Army alone executed 135 people between 1916 and 1961. No military executions have taken place since 1961, a gap of 65 years as of 2026.
Was the military death penalty ever ruled unconstitutional?
Yes, temporarily. In 1983, the US Court of Appeals for the Armed Forces ruled the military’s existing death penalty framework unconstitutional. President Reagan signed an executive order in 1984 establishing revised sentencing procedures that reinstated military capital punishment under new standards.
Disclaimer: This research report is compiled from publicly available sources. While reasonable efforts have been made to ensure accuracy, no representation or warranty, express or implied, is given as to the completeness or reliability of the information. We accept no liability for any errors, omissions, losses, or damages of any kind arising from the use of this report.