Part IV · Punitive Articles

Article 98. Misconduct as prisoner · MCM ¶ 26

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes
(a) Text of statute. 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 them without justifiable cause;
shall be punished as a court-martial may direct.
(b) Elements.
(1) Acting without authority to the detriment of another for the purpose of securing favorable treatment.
(a) That without proper authority the accused acted in a manner contrary to law, custom, or regulation;
(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.
(a) That the accused maltreated a prisoner held by the enemy;
(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.
(c) Explanation.
(1) Enemy. For a discussion of “enemy,” see subparagraph 27.c.(1)(b).
(2) In time of war. See R.C.M. 103(21).
(3) Acting without authority to the detriment of another for the purpose of securing favorable treatment.
(a) Nature of offense. Unauthorized conduct by a prisoner of war must be intended to result in improvement by the enemy of the accused’s condition and must operate to the detriment of other prisoners either by way of closer confinement, reduced rations, physical punishment, or other harm. Examples of this conduct include reporting plans of escape being prepared by others or reporting secret food caches, equipment, or arms. The conduct of the prisoner must be contrary to law, custom, or regulation.
(b) Escape. Escape from the enemy is authorized by custom. An escape or escape attempt which results in closer confinement 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.
(a) Authority. The source of authority is not material. It may arise from the military rank of the accused or—despite Service regulations or customs to the contrary—designation by the captor authorities, or voluntary election or selection by other prisoners for their self-government.
(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.
(d) Maximum punishment. Any punishment other than death that a court-martial may direct.
(e) Sample specifications.
(1) Acting without authority to the detriment of another for the purpose of securing favorable treatment. In that __________ (personal jurisdiction data), while in the hands of the enemy, did, (at/on board— location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, without proper authority and for the purpose of securing favorable treatment by (his) (her) captors, (report to the commander of Camp __________ the preparations by __________, a prisoner at said camp, to escape, as a result of which report the said _____ was placed in solitary confinement) (_____).
(2) Maltreating prisoner while in a position of authority. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, a time of war, while in the hands of the enemy and in a position of authority over __________, a prisoner at __________, as (officer in charge of prisoners at _____) (_____), maltreat the said _____ by (depriving (him) (her) of _____) (_____), without justifiable cause.
Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, life without eligibility for parole, E-1. (Criteria)

Sample specification

In that __________, (personal jurisdiction data) while in the hands of the enemy, did, (at/on board— location), on or about __________, a time of war, without proper authority and for the purpose of securing favorable treatment by (his) (her) captors, (report to the commander of Camp __________ the preparations by __________, a prisoner at said camp, to escape, as a result of which report the said __________ was placed in solitary confinement) (__________).

Elements

(1) That (state the time and place alleged), the accused acted without proper authority in a manner contrary to law, custom, or regulation by (state the act(s) alleged and the resulting detriment allegedly suffered);

(2) That the act(s) (was) (were) committed while the accused was in the hands of the enemy in time of war;

(3) That the act(s) (was) (were) done for the purpose of securing favorable treatment of the accused by (his) (her) captors; and

(4) That other prisoners, either military or civilian, held by the enemy suffered some detriment because of the accused’s act(s).

Definitions & other instructions

“Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.

“Detriment” includes, but is not limited to, closer confinement, reduced rations, physical punishment, or other harm.

NOTE 2. Time of war in issue. When it is clear as a matter of law that the offense was committed “in time of war,” this should be resolved as an interlocutory question and the members should be so advised. See RCM 103(21). However, if there is a factual dispute involved, it should be resolved by the members in connection with their determination of guilt or innocence.
NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.
Source: Instruction 3a-26-1 · view original on jagcnet.army.mil

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
Maximum punishment

DD, TF, life without eligibility for parole, E-1. (Criteria)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, a time of war, while in the hands of the enemy and in a position of authority over __________, a prisoner at __________, as (officer in charge of prisoners at __________) (__________), maltreat the said __________ by (depriving (him) (her) of __________) (__________) without justifiable cause.

Elements

(1) That (state the time and place alleged), the accused maltreated (state the name of the alleged prisoner), a prisoner held by the enemy, by (state the manner of maltreatment alleged);

(2) That the act occurred while the accused was in the hands of the enemy in time of war;

(3) That the accused held a position of authority over (state the name of the alleged prisoner); and

(4) That the act was without justifiable cause.

Definitions & other instructions

“Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.

“Maltreated” means the infliction of real abuse, although not necessarily physical abuse. It must be without justifiable cause. (To assault) (To strike) (To subject to improper punishment) (or) (To deprive of benefits) could constitute maltreatment. (Abuse of an inferior by derogatory words may cause mental anguish and amount to maltreatment.)

If the accused occupies a position of authority over the prisoner, the source of that authority is not material. The authority may arise from the military rank of the accused or -- despite service regulations or customs to the contrary -- designation by the captor authorities or voluntary selection or election of the accused by other prisoners for their own self-government.

NOTE 2. Time of war in issue. When it is clear as a matter of law that the offense was committed “in time of war,” this should be resolved as an interlocutory question and the members should be so advised. See RCM 103(21). However, if there is a factual dispute involved, it should be resolved by the members in connection with their determination of guilt or innocence.
Source: Instruction 3a-26-2 · view original on jagcnet.army.mil