Military Law in United States

Military Law Definition

A system of regulation by acts of congress prescribing the rules and articles of war, and providing for the government of the army and discipline of the troops. 1 Kent, Comm. 377, note; 44 III. 153, That branch of the laws which respects military discipline and the government of persons employed in the military service. De Hart, Courts-Martial, 16. Military law is to be distinguished from martial law. Martial law extends to all persons; military law to all military persons only, and not to those in a civil capacity. 44 111. 142. Martial law supersedes and suspends the civil law, but military law -is superadded and subordinate to the civil law. See 2 Kent, Comm. 10; 34 Me. 126. See Martial Law. The body of the military law of the United States is contained in the act of April 30, 1806, and the amendatory acts.

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A system of regulation by acts of congress prescribing the rules and articles of war, and providing for the government of the army and discipline of the troops. 1 Kent, Comm. 377, note; 44 III. 153, That branch of the laws which respects military discipline and the government of persons employed in the military service. De Hart, Courts-Martial, 16. Military law is to be distinguished from martial law. Martial law extends to all persons; military law to all military persons only, and not to those in a civil capacity. 44 111. 142. Martial law supersedes and suspends the civil law, but military law -is superadded and subordinate to the civil law. See 2 Kent, Comm. 10; 34 Me. 126. See Martial Law. The body of the military law of the United States is contained in the act of April 30, 1806, and the amendatory acts.

This definition of Military Law is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Military Law

Introduction to Military Law

Military Law, in the United States, term used to designate the body of statutes, rules, and regulations governing military personnel and also certain civilians during wartime. Unlike martial law which applies to all persons and property in the district in which it prevails, military law in peacetime applies to military personnel alone. Military law differs from military government in that the latter refers particularly to the military jurisdiction exercised by an army of occupation over the territory and inhabitants of an enemy country.

The basis of the military law of the United States is contained in Article 1, Section 8, of the U.S. Constitution, by which Congress is empowered “to make rules for the government and regulation of the land and naval forces”; the law is embodied in the Uniform Code of Military Justice, which became effective in 1951. Some aspects of military law pertaining to the conduct of warfare were established in international treaties resulting from The Hague Conferences of 1899 and 1907 and the Naval Disarmament Conference in 1927 and the World Disarmament Conference of 1932, both held in Geneva, Switzerland.

The statutes of military law establish systems of military courts and include penal codes defining the offenses for which persons subject to the code may be punished. Such offenses include mutiny, insubordination, neglect of duty, unbecoming conduct, theft, robbery, rape, and murder. Military personnel charged with crimes of a civil nature may be tried by military courts if the crime is service-connected or of military significance, or if it occurs outside the United States or its possessions. Similarly, military personnel are subject to trial by civil courts if they commit a civil offense. Punishments vary according to the nature of the offense and range from restriction within certain limits, confinement, loss of pay, or reprimand, to the death penalty for such offenses as murder, treason, and desertion
in time of war. Trials before military courts are conducted without a grand jury or a petit jury; for the composition and operation of such courts, see Military Courts.” (1)

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See Also

• Uniform Code of Military Justice (in the U. S.)

Resources

Notes and References

• Information about Military Law in the Encarta Online Encyclopedia

Guide to Military Law