General article (military law)
Encyclopedia
A general article, in military law
(sometimes called "the Devil's Article") is a legal provision that authorizes punishment of military personnel on grounds that are less specific as to the particulars of the offense and as to the punishment, compared to most crimes in modern West European law. The offenses are likely to reflect the effect on the military and its mission than the form the offender's behavior takes, or to be stated in terms of established customs of warfare.
in the early 17th century was followed in West European military units, often in the form of articles of war including a general article.
military law has evolved from British roots, including the offense of conduct unbecoming an officer and a gentleman
and, within each service, successive versions of general article that confer wide discretion upon courts martial
.
Since 1951, Article 134 of the Uniform Code of Military Justice (UCMJ)
has been the general article for all branches of the military.
Article 134 is a "catch-all" for many offenses that are not covered by other specific articles of the UCMJ. These other offenses, including their elements and punishments, are spelled out in Part IV, Punitive Articles (Paragraphs 60-113) of the Manual for Courts-Martial
. They vary from kidnapping
(para. 92) to disloyal statements
(para. 72).
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
(sometimes called "the Devil's Article") is a legal provision that authorizes punishment of military personnel on grounds that are less specific as to the particulars of the offense and as to the punishment, compared to most crimes in modern West European law. The offenses are likely to reflect the effect on the military and its mission than the form the offender's behavior takes, or to be stated in terms of established customs of warfare.
History
The example of military decrees of the Swedish king Gustavus AdolphusGustavus Adolphus of Sweden
Gustav II Adolf has been widely known in English by his Latinized name Gustavus Adolphus Magnus and variously in historical writings also as Gustavus, or Gustavus the Great, or Gustav Adolph the Great,...
in the early 17th century was followed in West European military units, often in the form of articles of war including a general article.
United States
AmericanUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
military law has evolved from British roots, including the offense of conduct unbecoming an officer and a gentleman
Conduct unbecoming an officer and a gentleman
Conduct unbecoming an officer and a gentleman is an offense subject to court martial defined in the punitive code, Article 133, of the United States Uniform Code of Military Justice , enacted at ....
and, within each service, successive versions of general article that confer wide discretion upon courts martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
.
Since 1951, Article 134 of the Uniform Code of Military Justice (UCMJ)
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
has been the general article for all branches of the military.
Article 134 is a "catch-all" for many offenses that are not covered by other specific articles of the UCMJ. These other offenses, including their elements and punishments, are spelled out in Part IV, Punitive Articles (Paragraphs 60-113) of the Manual for Courts-Martial
Manual for Courts-Martial
The Manual for Courts-Martial is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice...
. They vary from kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
(para. 92) to disloyal statements
Disloyal statements
Article 134 of the Uniform Code of Military Justice also known as the General Article of the UCMJ is an article of military law in the United States that provides for penalties by court-martial various offences that prejudice good order and discipline or bring discredit upon the armed forces, such...
(para. 72).