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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.”

Elements.

(1) Acting without authority to the detriment of another for the purpose of securing favorable treatment.

(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.

(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.

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.

(b) Escape. Escape from the enemy is authorized by custom. An escape or escape attempt which results in close rconfinement or other measures 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.

(b) Maltreatment. The maltreatment must be 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.

Lesser included offense. Article 80—attempts

Maximum punishment. Any punishment other than death that a ourt-martial may direct. See R.C.M. 1003.

Next Article > Article 106—Spies >

Above Information from Manual for Court Martial, 2002, Chapter 4, Paragraph 29