Legal Definitions - articles of war

The term articles of war refers to the specific body of laws and regulations that govern the conduct, discipline, and legal procedures within a nation's military forces.

Historically, these articles established the framework for military justice, defining offenses unique to military service, outlining court-martial processes, and prescribing punishments. They served as the distinct legal code for soldiers, sailors, and airmen, separate from civilian law.

In the United States, the term Articles of War (often capitalized) specifically refers to the statutes that governed the U.S. Army from its early days until 1951. These were eventually replaced by the Uniform Code of Military Justice (UCMJ), which now provides a unified legal system for all branches of the U.S. armed forces.

• Example 1: During the American Civil War, a Union Army soldier was accused of desertion from his post. His commanding officer would have initiated proceedings against him based on the Articles of War then in effect for the U.S. Army. These articles would have detailed the specific definitions of desertion, the procedures for a court-martial, and the range of potential punishments, which could include execution.

  This example illustrates how the U.S. Articles of War provided the legal foundation for military discipline and justice before the mid-20th century.

• Example 2: In the 18th century, a British naval captain faced charges of negligence after his ship ran aground during a storm. The investigation and any subsequent trial would have been conducted strictly according to the Articles of War established for the Royal Navy. These rules would have outlined the duties expected of a captain, what constituted negligence, and the appropriate legal process for such a serious offense at sea.

  This demonstrates that the concept of articles of war was common across different nations and military branches, providing distinct legal codes for their respective forces.

• Example 3: Imagine a scenario in the early 20th century where a country's military forces were deployed to an occupied territory. The commander would consult their nation's articles of war to understand the legal limits on their authority, such as the power to requisition supplies from local civilians or to impose curfews. These articles would define the scope of military jurisdiction over both military personnel and, in certain circumstances, civilians in occupied zones.

  This example highlights that articles of war covered not just individual discipline but also the broader legal framework for military operations and the exercise of military power.