What is UCMJ Article 99?
UCMJ Article 99 addresses offenses related to misbehavior before the enemy, which includes conduct by a service member that betrays the military’s integrity, morale, and mission effectiveness during combat or in the presence of enemy forces. It punishes actions that compromise the military’s ability to function or endanger the safety of fellow service members.
What constitutes “misbehavior before the enemy” under Article 99?
Misbehavior before the enemy includes actions that disrupt military operations, such as cowardice, abandoning a position or post, or showing a lack of fighting spirit in the presence of enemy forces. It also includes actions like retreating in a manner that is not authorized or otherwise acting in a way that could negatively affect the military’s effectiveness in combat.
Can a service member be charged with misbehavior before the enemy even if they are not directly engaged in combat?
Yes, a service member can be charged under Article 99 if their actions or behavior disrupt military operations or endanger the safety and well-being of others while the unit is in combat or in the presence of enemy forces. This includes acting recklessly or failing to follow orders during combat scenarios.
What is considered “cowardice” under Article 99?
Cowardice under Article 99 refers to an extreme and unreasonable fear or panic that leads to failure to act in a combat situation, such as abandoning a position, refusing to engage in combat, or deliberately avoiding a confrontation with the enemy out of fear, regardless of the orders given.
Can a service member be charged with misbehavior before the enemy if they retreat without orders?
Yes, if a service member retreats without orders, especially in a combat scenario, they can be charged with misbehavior before the enemy under Article 99. Unauthorized retreat, particularly if it endangers the unit or mission, is considered a serious violation.
What actions could lead to a charge of misbehavior before the enemy under Article 99?
Examples include running from the battlefield, abandoning one’s post or position without orders, spreading panic among the ranks, or showing a lack of courage when ordered to engage the enemy. Any action that leads to the disruption of military operations or jeopardizes the safety of fellow service members could fall under this article.
Can a service member be charged under Article 99 for failure to obey orders during combat?
Yes, if a service member refuses to follow lawful orders during combat or in the presence of the enemy, especially when those orders are directly related to combat operations or the defense of a position, they can be charged with misbehavior before the enemy under Article 99.
What is the punishment for misbehavior before the enemy under Article 99?
The punishment for misbehavior before the enemy under Article 99 can include confinement, a dishonorable discharge, forfeiture of pay, and in extreme cases, the death penalty. The severity of the punishment depends on the specifics of the offense, such as the actions taken, the potential harm caused, and the context in which the offense occurred.
Can misbehavior before the enemy under Article 99 result in a court-martial?
Yes, misbehavior before the enemy is a serious offense under military law and can result in a court-martial. In a court-martial, the accused will be given the opportunity to defend themselves, and the case will be decided based on the evidence presented.
What constitutes “misbehavior” in this context?
Misbehavior in the context of Article 99 refers to any action or inaction that undermines the military’s effectiveness during combat. This includes cowardice, desertion, failure to engage the enemy, spreading fear, abandoning one’s post, or disobeying combat-related orders.
Is it possible to be charged with misbehavior before the enemy for acts of panic or fear during combat?
Yes, if a service member’s panic or fear leads them to abandon their post, retreat without orders, or fail to engage in combat, it can be considered misbehavior before the enemy. However, the charge will typically depend on the nature and severity of the actions taken.
Can a service member be charged under Article 99 for refusing to fight or engage with the enemy?
Yes, refusing to fight or engage with the enemy during combat, especially when ordered to do so, can be considered misbehavior before the enemy. The refusal to carry out orders during active combat is a serious breach of military duty.
Is misbehavior before the enemy only a charge for combat soldiers or those directly involved in fighting?
No, any service member involved in a combat-related operation, even if they are not directly engaging in fighting, can be charged under Article 99 for misbehavior. This includes anyone who causes disruptions to the mission or endangers the safety of others, such as logistical support personnel, medics, and other roles within a combat operation.
Can a service member be charged under Article 99 for actions taken during training exercises?
No, Article 99 specifically applies to actions during combat or when in the presence of enemy forces. However, misconduct during training exercises can lead to other charges, but they would not fall under the scope of Article 99.
Can a service member be charged with misbehavior before the enemy if they leave their unit during combat?
Yes, leaving one’s unit or post during combat, without proper authorization or orders, can be considered misbehavior before the enemy. This act can disrupt operations and put the entire unit at risk, which is why it is treated as a serious offense.
Does Article 99 apply to behavior during wartime only, or can it apply during peacekeeping missions?
While Article 99 primarily applies during active combat situations, it can also apply during peacekeeping missions or any deployment where a service member is exposed to enemy forces and has an obligation to engage or protect their unit from harm.
What if a service member is injured and unable to fight—can they be charged under Article 99 for misbehavior before the enemy?
A service member who is injured and unable to engage in combat may not be charged under Article 99 for misbehavior before the enemy. However, if the service member abandons their post or shows cowardice without justification, charges could still apply. Medical evaluation would play a significant role in determining whether the injury prevented participation in combat.
What happens if a service member is charged with misbehavior before the enemy but claims they acted out of self-preservation?
The claim of self-preservation may be considered as a mitigating factor, but it would not necessarily absolve the service member from charges under Article 99. The court-martial or military tribunal would assess whether the actions were reasonable under the circumstances and whether they contributed to the overall mission or compromised the safety of others.
Can a service member be charged with misbehavior before the enemy for giving up sensitive information to the enemy?
Yes, giving up sensitive information to the enemy or aiding the enemy in any way, even through non-combat actions, could be considered a form of misbehavior before the enemy. This would typically fall under other charges like espionage or aiding the enemy but could still be seen as a betrayal of duty.
What if a service member was following an unlawful order when charged with misbehavior before the enemy?
If the service member can prove that they were following an unlawful order, such as abandoning their post or retreating when they were ordered to do so by a superior, it may serve as a valid defense. However, the defense must show that the order was clearly unlawful and could not reasonably have been seen as lawful at the time.
Can a service member be charged under Article 99 for misbehavior before the enemy if they are in a non-combat role, such as support or logistics?
Yes, any service member, including those in non-combat roles, can be charged under Article 99 if their actions disrupt military operations, cause unnecessary panic, or put others at risk. For example, a logistics officer who abandons their post during a combat operation could be charged if their actions jeopardize the mission.
How does the military prove misbehavior before the enemy in court?
To prove misbehavior before the enemy, the prosecution must show that the accused intentionally acted in a way that undermined the military’s ability to perform during combat or in the presence of enemy forces. Evidence can include testimony from fellow service members, records of the combat scenario, and any actions or inactions that disrupted military operations.
Can misbehavior before the enemy be charged if a service member abandons their post during a retreat?
Yes, abandoning a post during a retreat without orders or attempting to flee the battlefield can be considered misbehavior before the enemy, as it compromises the integrity and safety of the unit and disrupts the chain of command.
Is there any defense against a charge of misbehavior before the enemy under Article 99?
The defense against charges under Article 99 could involve proving that the service member acted under duress, fear, or injury that prevented them from performing their duties. The defense may also involve proving that the actions taken were a reasonable response under the circumstances or that the order was unlawful.
Frequently Asked Questions
- What is the maximum punishment for misbehavior before the enemy under Article 99?
The maximum punishment for misbehavior before the enemy can include confinement for up to 5 years, a dishonorable discharge, forfeiture of pay, and reduction in rank. - Can a service member be charged with misbehavior before the enemy if they retreat due to overwhelming force?
A retreat due to overwhelming force may not automatically lead to charges, especially if it was done according to military strategy. However, a retreat without orders or an unauthorized abandonment of a position could lead to charges under Article 99. - Can a service member be charged under Article 99 if they fail to follow orders during an engagement with the enemy?
Yes, failure to follow lawful orders during an engagement with the enemy can be charged under Article 99, especially if it results in a disruption of the unit’s ability to fight or complete the mission. - Can a service member be charged for misbehavior before the enemy for refusing to fight?
Yes, if a service member refuses to fight when ordered to do so or shows cowardice during combat, it can be considered misbehavior before the enemy under Article 99. - What should a service member do if accused of misbehavior before the enemy?
If accused of misbehavior before the enemy, the service member should immediately contact a military defense attorney to ensure their rights are protected and to formulate a proper defense based on the circumstances of the charge.