General Article (military Law)
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General Article (military Law)
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. History The example of military decrees of the Swedish king Gustavus Adolphus in the early 17th century was followed in West European military units, often in the form of articles of war including a general article.
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Military Law
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system of law ...
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Gustavus Adolphus Of Sweden
Gustavus Adolphus (9 December Old_Style_and_New_Style_dates">N.S_19_December.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="/nowiki>Old Style and New Style dates">N.S 19 December">Old_Style_and_New_Style_dates.html" ;"title="/nowiki>Old Style and New Style dates">N.S 19 December15946 November Old_Style_and_New_Style_dates.html" ;"title="/nowiki>Old Style and New Style dates">N.S 16 November] 1632), also known in English as Gustav II Adolf or Gustav II Adolph, was King of Sweden from 1611 to 1632, and is credited for the rise of Swedish Empire, Sweden as a great European power ( sv, Stormaktstiden). During his reign, Sweden became one of the primary military forces in Europe during the Thirty Years' War, helping to determine the political and religious balance of power in Europe. He was formally and posthumously given the name Gustavus Adolphus the Great ( sv, Gustav Adolf den store; la, Gustavus Adolphus Magnus) by the Riksdag of the Estates in 1634. He is often ...
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Laws Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ...
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Library Of Congress
The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library is housed in three buildings on Capitol Hill in Washington, D.C.; it also maintains a conservation center in Culpeper, Virginia. The library's functions are overseen by the Librarian of Congress, and its buildings are maintained by the Architect of the Capitol. The Library of Congress is one of the largest libraries in the world. Its "collections are universal, not limited by subject, format, or national boundary, and include research materials from all parts of the world and in more than 470 languages." Congress moved to Washington, D.C., in 1800 after holding sessions for eleven years in the temporary national capitals in New York City and Philadelphia. In both cities, members of the U.S. Congress had access to the sizable collection ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Conduct Unbecoming An Officer And A Gentleman
Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense that is subject to court martial in the armed forces of some nations. Use in the United Kingdom The phrase was used as a charge in courts martial of the British Armed Forces in the 18th and early 19th centuries, although it was not defined as a specific offence in the Articles of War. For instance, in 1813, Colonel Sir J Eamer was brought before a court martial "For behaving in a scandalous, infamous manner, such as is unbecoming the character of an officer and a gentleman, towards Captain B V Symes of the same regiment..." The charge seems to have been first codified under the Naval Discipline Act of 10 August 1860, which says; "Article 24: Every Officer subject to this Act who shall be guilty of Cruelty, or of any scandalous or fraudulent Conduct, shall be dismissed with Disgrace from Her Majesty's Service; and every Officer subject to this Act who shall be guilty of any other Condu ...
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Court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a 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. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. M ...
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Uniform Code Of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It 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....To make Rules for the Government and Regulation of the land and naval forces". History On June 30, 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1788, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War, which were not significantly revised until over a century later. Discipline in the sea services was provided under the Articles for the Government of the United States Navy (commonly referred to as ''Ro ...
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Manual For Courts-Martial
The ''Manual for Courts-Martial'' (''MCM'') 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 established in the statute Uniform Code of Military Justice (UCMJ). The ''MCM'' contains five parts plus 22 appendices: *Part I is the Preamble, which gives background and jurisdictional information *Part II explains the Rules for Courts-martial (Rules 101 through 1307) *Part III lays out the Military Rules of Evidence (Rules 101 through 1103) *Part IV sets forth the elements and punishments of offenses (Punitive Articles, paragraphs 101 through 108) *Part V provides guidelines for the imposition of non-judicial punishment (NJP) *Appendices provide the Constitution of the United States, the UCMJ itself, analysis of the Parts, historical Executive Orders, forms, etc. In June 2019, the ''Federal Register'' published the 2019 Manual for Courts-Mart ...
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Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an Automated teller machine, ATM, but may also be for sexual assault. Children have also been ...
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Disloyal Statements
Article 134 of the Uniform Code of Military Justice (UCMJ) 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 as for "disloyal" statements made "with the intent to promote disloyalty or disaffection toward the United States by any member of the armed forces or to interfere with or impair the loyalty to the United States or good order and discipline of any member of the armed forces." Manual for Courts-Martial See also * Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ... * General article (UCMJ article 134) External links About.com articleKuro5hin.org ...
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