Military Justice - United States

United States

The United States Constitution authorized the creation of a system of military justice. Article I, Section 8 permits the U.S. Congress to "make rules for the government and regulation of the land and naval forces." Congress issued these rules first in 1806 as the Articles of War. Military justice during the American Civil War was governed by the 1863 Lieber Code. The Articles of War were superseded in 1951 by the Uniform Code of Military Justice (UCMJ).

The UCMJ is federal law, found in Title 10 United States Code Chapter 47, and implemented by the Manual for Courts-Martial, an executive order issued by the President of the United States in his capacity as Commander-in-Chief of the United States armed forces. Court-martial convictions in the United States may be appealed through miltary courts of appeal to the United States Court of Appeals for the Armed Forces (CAAF), a federal appellate court consisting of five civilian judges appointed by the President of the United States. CAAF decisions are subject to direct view by the Supreme Court of the United States.

The offenses covered by the UCMJ include those encompassed by "high crimes and misdemeanors" which covers officials generally, and includes perjury of oath, abuse of authority, bribery, intimidation, misuse of assets, failure to supervise, dereliction of duty, conduct unbecoming, and refusal to obey a lawful order. It also includes ordinary crimes, but perhaps with different standards of proof and punishment than for civilians, on the grounds that more is expected of military personnel by their oaths of office. Many of the terms used date back to that era of law.