2008 edition - Fort Sam Houston - U.S. Army

a c t e d i n a m a n n e r c o n t r a r y t o l a w , c u s t o m , o r
regulation;
(b) That the act was committed while the accused
was in the hands of the enemy in time of war;
(c) That the act was done for the purpose of
securing favorable treatment of the accused by the
captors; and
(d) That other prisoners held by the enemy,
either military or civilian, suffered some detriment
because of the accused’s act.
(2) Maltreating prisoners while in a position of
authority.
(a) That the accused maltreated a prisoner held
by the enemy;
(b) That the act occurred while the accused
was in the hands of the enemy in time of war;
(c) That the accused held a position of authority
over the person maltreated; and
(d) That the act was without justifiable cause.
c. Explanation.
(1) Enemy. For a discussion of “enemy,” see paragraph
23c(1)(b).
(2) In time of war. See R.C.M. 103(19).
(3) Acting without authority to the detriment of
another for the purpose of securing favorable treatment.
(a) Nature of offense. Unauthorized conduct by
a prisoner of war must be intended to result in improvement
by the enemy of the accused’s condition
and must operate to the detriment of other prisoners
either by way of closer confinement, reduced rations,
physical punishment, or other harm. Examples
of this conduct include reporting plans of escape
being prepared by others or reporting secret food
caches, equipment, or arms. The conduct of the prisoner
must be contrary to law, custom, or regulation.
(b) Escape. Escape from the enemy is authorized
by custom. An escape or escape attempt which
r e s u l t s i n c l o s e r c o n f i n e m e n t o r o t h e r m e a s u r e s
against fellow prisoners still in the hands of the
enemy is not an offense under this article.
(4) Maltreating prisoners while in a position of
authority.
(a) Authority. The source of authority is not
material. It may arise from the military rank of the
accused or—despite service regulations or customs
to the contrary—designation by the captor authori-
30.a.
ties, or voluntary election or selection by other prisoners
for their self-government.
( b ) M a l t r e a t m e n t . T h e m a l t r e a t m e n t m u s t b e
real, although not necessarily physical, and it must
be without justifiable cause. Abuse of an inferior by
inflammatory and derogatory words may, through
mental anguish, constitute this offense.
d. Lesser included offense. Article 80—attempts
e . M a x i m u m p u n i s h m e n t . A n y p u n i s h m e n t o t h e r
t h a n d e a t h t h a t a c o u r t - m a r t i a l m a y d i r e c t . S e e
R.C.M. 1003.
f. Sample specifications.
(1) Acting without authority to the detriment of
another for the purpose of securing favorable treatment.
In that (personal jurisdiction data),
while in the hands of the enemy, did, (at/on board—
location) on or about 20 , a time
of war, without proper authority and for the purpose
of securing favorable treatment by his/her captors,
( r e p o r t t o t h e c o m m a n d e r o f
C a m p t h e p r e p a r a t i o n s
by , a prisoner at said camp, to escape,
as a result of which report the said was
placed in solitary confinement) ( ).
(2) Maltreating prisoner while in a position of
authority.
In that (personal jurisdiction data),
d i d , ( a t / o n b o a r d — l o c a t i o n ) , o n o r
about 20 , a time of ward, while
in the hands, of the enemy and in a position of
a u t h o r i t y o v e r , a p r i s o n e r
at , as (officer in charge of prisoners
a t ) ( ) , m a l t r e a t t h e
s a i d b y ( d e p r i v i n g h i m / h e r
o f ) ( ) , w i t h o u t j u s t i f i a b l e
cause.
30. Article 106—Spies
a. Text of statute.
Any person who in time of war is found lurking
as a spy or acting as a spy in or about any
place, vessel, or aircraft, within the control or
jurisdiction of any of the armed forces, or in or
about any shipyard, any manufacturing or industrial
plant, or any other place or institution engaged
in work in aid of the prosecution of the
war by the United States, or elsewhere, shall be
tried by a general court-martial or by a military
IV-43