The United States is one of the few developed Western democracies that still carries out the death penalty, with dozens of executions every year.
However, even by American standards, the execution planned for December is unusually severe.
Secretary of War Pete Hegseth has said that Major Nidal Malik Hasan, sentenced to death in 2013 by a general court-martial under the Uniform Code of Military Justice (UCMJ), will be executed by firing squad at Fort Hood, Texas, and that the execution will be public.
The Pentagon has since said it will livestream the execution.
It was here in Fort Hood, Texas, that Major Hasan opened fire inside a crowded medical readiness center at Fort Hood, killing 13 people and injuring 32 others in 2009.
Before opening fire on unarmed soldiers, Hasan shouted “Allahu Akbar.” He also shot at the backs of soldiers fleeing toward the parking lot.
Hasan later said it was an effort to stop them from going to Afghanistan and killing his fellow Muslims.
This will mark the first U.S. military execution in over 60 years, the first military execution by firing squad since World War II, and the world’s first-ever officially livestreamed execution.
The last time the U.S. military carried out an execution was in 1961, when Army Pvt. John Bennett was executed by hanging.
The last time the U.S. military carried out a death sentence by firing squad was in 1945.
The best-known case is Private Eddie Slovik, shot by a 12-man firing squad in France in January 1945 for desertion, the only U.S. soldier executed for desertion during the Second World War and since the Civil War.
Nearly 10 months later, Dan J. Lee was executed by the U.S. military’s firing squad in the Philippines in November 1945 for murder and/or rape.
Hasan, therefore, could become the first U.S. servicemember to be executed by a firing squad in over eight decades.
His execution could also become the world’s first officially live-streamed death penalty.
Public executions were common in the medieval period.
In “Discipline and Punish,” French philosopher Michel Foucault writes that the death penalty was a “spectacle.”
“Public torture and execution of criminals provided one of the most popular spectacles of eighteenth-century France,” Foucault wrote in his book.
However, gradually, most countries outlawed public executions.
The UK abolished public executions in 1868 with the passing of the Capital Punishment Amendment Act 1868, which moved all executions behind prison walls.
France followed suit in 1939. In the U.S., the last public execution was carried out in 1936.
Amnesty International said in its report on executions in 2025 that it knew of at least 17 public executions – 11 in Iran and 6 in Afghanistan.
The U.S., therefore, joins a handful of countries like Iran and Afghanistan where public executions are still carried out.
Notably, the U.S. is currently at war with Iran and fought a 20-year-long war with Afghanistan from 2001 to 2021.
The question, then, is what precisely Washington hopes to achieve by joining the league of its adversaries?
Live Streaming of Death Penalty By Firing Squad
It is noteworthy that the general court-martial under the Uniform Code of Military Justice (UCMJ) only awarded the death sentence to Hasan in 2013.
Military appeals later affirmed that sentence. The Supreme Court declined review in 2025.
In October 2026, Defense Secretary Hegseth recommended death by firing squad, and President Trump approved the recommendation.
Hegseth later said that the execution will be public, with the Pentagon clarifying that it will be live-streamed.
Hegseth explained part of the reason himself.
“Execution by firing squad. Army major betrays his country. Radical Islamist kills a bunch of Americans at Fort Hood. Of course, we’re going to do it at Fort Hood and do it on a Thursday. We’re going to do it at 1 o’clock, which is when he did it, and it’s going to be soldiers with rifles executing the firing squad,” Hegseth said in an interview with Jack Posobiec on Real America’s Voice.
“It was a radical Islamist attack in uniform inside the ranks, and so he’s going to get a firing squad of soldiers, as it should be. And we’ll make sure that people can watch it, that it’s public, because people need to understand that there are serious consequences for these types of things.”
“Army firing squad for convicted terrorist Nidal Malik Hasan, the jihadist who opened fire on unarmed American soldiers at Fort Hood in 2009. He killed 13 people and wounded 32 others while shouting ‘Allahu Akbar’ during the attack,” Chief Pentagon spokesman Sean Parnell said.
The remarks make it clear that the Pentagon wants to send a strong message against internal threats and reassert the Uniform Code of Military Justice’s (UCMJ) ultimate authority.
It is notable that while, in theory, the UCMJ has the power to award the death penalty for criminal behavior in the armed forces, in practice, the awarding of the death penalty by the UCMJ, and its actual implementation, has had a chequered history.
The UCMJ and Death Penalty
UCMJ is the federal criminal code and procedural system that governs the U.S. armed forces.
The UCMJ was enacted in 1950 and took effect in 1951.
The code creates one uniform system of military justice for all branches. Its rules apply to active-duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force; certain reservists on duty; and others such as prisoners of war or retired members.
Its stated objective is to promote justice, maintain good order and discipline, support efficiency and effectiveness in the armed forces, and thereby strengthen national security. It balances the military’s need for discipline and readiness with procedural protections for the accused.
It contains punitive articles that define both uniquely military offenses, such as desertion, absence without leave, insubordination, and disrespect, and ordinary crimes, like murder, larceny, and sexual offenses.
The general courts-martial under the UCMJ have the authority to impose the death penalty.
From its founding in 1951 till 1961, the U.S. Army carried out 10 executions awarded by the UCMJ, all by hanging.
The last military execution in the U.S. was carried out in 1961, after President Eisenhower approved it.
However, in 1972, the U.S. Supreme Court, in a landmark judgment in the Furman v. Georgia case, effectively placed a temporary moratorium on the death penalty across the United States.
In 1984, President Ronald Reagan signed an order that set detailed rules for military death-penalty trials.
It established that the court-martial could not sentence someone to death just because the crime was serious. The prosecutors must also establish one more “aggravating” factor, such as the killing of more than one person, or killing someone during robbery.
Furthermore, the panel could impose the death sentence only if all members agreed on guilt and the sentence. Under these rules, the UCMJ authorized capital punishment again.
From 1984 till mid-2000s, the military sought the death sentence against the accused in 47 cases.
The panel, however, awarded the death penalty in only 15 out of those 47 cases. Even in these 15 cases, many were later reduced to life imprisonment on appeal or commuted.
For instance, former President Barack Obama commuted Dwight Loving’s 1989 sentence to life in 2017.
Currently, four men remain under a UCMJ death sentence: Ronald Gray (1988), Hasan Akbar (2005), Timothy Hennis (2010), and Nidal Hasan (2013).
Notably, former President George Bush approved Gray’s death sentence in 2008, becoming the first U.S. President since Eisenhower, after a gap of 47 years, to approve a death sentence awarded by the UCMJ.
However, a federal judge stayed that execution so Gray could challenge the sentence in court. His execution has still not been carried out.
Now Trump has become only the second President to approve the death sentence awarded by the UCMJ in 65 years.
Hasan’s death sentence is set for December 3.
Notably, President Trump has not only approved Hasan’s death sentence, but also approved his execution by a firing squad and its live-streaming.
Hasan’s execution, therefore, could mark the return of military executions in the U.S. after over six decades.
- Sumit Ahlawat has over a decade of experience in news media. He has worked with Press Trust of India, Times Now, Zee News, Economic Times, and Microsoft News. He holds a Master’s Degree in International Media and Modern History from the University of Sheffield, UK.
- He can be reached at ahlawat.sumit85 (at) gmail.com
