|Punitive Articles of the UCMJ|
|Article 105Misconduct as a prisoner|
Text. “Any person subject to this chapter who, while in the hands of the enemy in time of war—
(1) for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) while in a position of authority over such persons maltreats hem without justifiable cause; shall be punished as a court-martial may direct.”
(1) Acting without authority to the detriment of another for the purpose of securing favorable treatment.
(a) That without proper authority the accused acted in a manner contrary to law, custom, or regulation;
(2) Maltreating prisoners while in a position of authority.
(a) That the accused maltreated a prisoner held by the enemy;
(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.
(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 authorities, or voluntary election or selection by other prisoners for their self-government.
Lesser included offense. Article 80—attempts
Maximum punishment. Any punishment other than death that a ourt-martial may direct. See R.C.M. 1003.
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Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 29