Art. 99. Misbehavior before the Enemy

Art. 95. Resistance, Breach of Arrest, and Escape Any person subject to this chapter who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct. Art. 96. Releasing Prisoner without Proper Authority Any person subject to this chapter who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law. Art. 97. Unlawful Detention Any person subject to this chapter who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. Art. 98. Noncompliance with Procedural Rules Any person subject to this chapter who— (1) is responsible for unnecessary delay in the deposition of any case of a person accused of an offense under this chapter; or (2) knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct. Art. 99. Misbehavior before the Enemy Any person subject to this chapter who before or in the presence of the enemy— (1) runs away; (2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property, which it is his duty to defend; (3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (4) casts away his arms or ammunition; (5) is guilty of cowardly conduct; (6) quits his place of duty to plunder or pillage; (7) causes false alarms in any command, unit, or place under control of the armed forces; (8) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or (9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle; shall be punished by death or such other punishment as a court-martial may direct. Art. 100. Subordinate Compelling Surrender Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct. Although these offenses are similar to mutiny, they do not require concert of action. The compulsion to surrender must be by acts, rather than words. To “strike the colors or flag” is to surrender. The offense is committed by anyone subject to the UCMJ who assumes the authority to surrender a military force or position when that person is not authorized to do so either by competent authority or by the necessities of battle. 2-26 Student Notes: