foregoing Articles of War
are to be taken cognizance of by a
The next section of that chapter specified: the said troops shall be governed by the rules and articles of war
, which have been established by the United States in Congress assembled, or by such rules and articles of war
as may hereafter by law be established.
At the time, rape was a capital offense under the Articles of War
, and the panel certainly had little sympathy for the accused.
code was the Articles of War
, which was adopted in 1775 and had
Prior to the enactment of the UCMJ, the Articles of War
also permitted prosecution of enlisted members for such an offense.
OF ARMED SERVICES, AMENDING THE ARTICLES OF WAR
TO IMPROVE THE ADMINISTRATION OF MILITARY JUSTICE, H.
His careful distinctions among the Articles of War
, the laws of war, the Uniform Code of Military Justice, presidential orders, and so forth illuminate many important aspects of the relationships among the president's and Congress' responsibilities, limitations, and powers.
There is confusion between articles of war
(army regulations governing conduct in particular armies) and internationally recognized laws of war (conventions of conduct between enemies).
7) The decisions from the World War II era, especially Ex parte Quirin (8) and In re Yamashita, (9) pointed in one direction (10)--that existing Articles of War
legislation had authorized military commissions as an exercise of the President's common law military power, and that courts-martial provided a concurrent means for trying war criminals that did not alter the traditional role for military commissions.
Following a brief discussion of ten areas of interest in the investigation of early modern civilian justice, Eder proceeds to give more detailed examinations of the relationships between the civilian and naval justice systems, the evolution of the statutory basis for naval courts-martial from 1652 to the Articles of War
of 1749, the workings of naval tribunals, their patterns of crime and punishment, and their unexpected leniency in capital or potentially capital cases.
Last week, the lower-ranking soldiers entered into a plea bargain with military prosecutors, pleading guilty to three violations of the Articles of War
in exchange for dropping the mutiny charges against them.
I create luminous images in my mind of whole armies of soldiers throwing their weapons and helmets and articles of war
into huge pits.