Articles of War

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Articles of War

Codes created to prescribe the manner in which the Armed Services of a nation are to be governed.

For example, the Uniform Code of Military Justice is an article of war applied to the Army, the Navy, the Coast Guard, and the Air Force of the United States.


Military Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

ARTICLES OF WAR. The name commonly given to a code made for the government of the army. The act of April 10, 1806, 2 Story's Laws U. S. 992, contains the rules and articles by which the armies of the United States shall be governed. The act of April 23, 1800, 1 Story's L. U. S. 761, contains the rules and regulations for the government of the navy of the United States.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Bigelow argued that Article of War 62 should not be invoked,
not cognizable under any other Article of War. (334) He further asserted
The government charged the saboteurs with violating the law of war; Article of War 81, relieving intelligence to the enemy; and Article of War 82, spying.
Rather than attempting to limit the President's authority to appoint military commissions, Congress recognized and sanctioned this authority in Article of War 15.
He was charged with violation Article of War 82: "Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court-martial or by a military commission, and shall, on conviction thereof, suffer death." Two-thirds of the tribunal--a sufficient number--found him guilty.
He first pointed to language in Article of War 38 that authorized the President, by regulation, to prescribe the procedure for cases before courts-martial, courts of inquiry, military commissions, and other military tribunals, but "nothing contrary to or inconsistent with these Articles shall be so prescribed." (268) Royall told the Court that Article 38 directed the President to prescribe the rules of procedure.
Brannon (9 July 1951) (Allied Papers); NME Form 219, Petition for New Trial Under Article of War 53, Albert C.
After Royall found no challenge for cause, his co-counsel Dowell stood up and asked for one peremptory challenge, as allowed under the 18th Article of War for a court martial.
Regarding Charge III about spying, Dowell insisted that the tribunal was bound by the regulation that explained Article of War 82.
When Congress incorporated the Articles of War into the UCMJ in 1950, it included Article of War 15, "Jurisdiction of courts martial not exclusive", as Article 21 of the UCMJ to "preserve existing Army and Air Force law which gives concurrent jurisdiction to [other] military tribunals ...".
On that same day, the President issued a Military Order appointing a commission of seven general officers to try the named defendants for "offenses against the law of war and the Articles of War." (166) The order cited the President's authority as President and Commander in Chief, the Constitution and statutes of the United States, and specifically Article of War 38.