Article 100 — Subordinate compelling surrender

Part IV · Punitive Articles

Article 100. Subordinate compelling surrender · MCM ¶ 28

2024 Manual for Courts-Martial, United States

See all changes

(a) Text of statute. Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or other 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 an enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct.

(b) Elements .

(1) Compelling surrender.

(a) That a certain person was in command of a certain place, vessel, aircraft, or other military property or of a body of members of the armed forces;

(b) That the accused did an overt act which was intended to and did compel that commander to give it up to the enemy or abandon it; and

(c) That the place, vessel, aircraft, or other military property or body of members of the armed forces was actually given up to the enemy or abandoned.

(2) Attempting to compel surrender.

(a) That a certain person was in command of a certain place, vessel, aircraft, or other military property or of a body of members of the armed forces;

(b) That the accused did a certain overt act;

(c) That the act was done with the intent to compel that commander to give up to the enemy or abandon the place, vessel, aircraft, or other military property or body of members of the armed forces;

(d) That the act amounted to more than mere preparation; and

(e) That the act apparently tended to bring about the compelling of surrender or abandonment.

(3) Striking the colors or flag.

(a) That there was an offer of surrender to an enemy;

(b) That this offer was made by striking the colors or flag to the enemy or in some other manner;

(d) That the accused did not have proper authority to make the offer.

(1) Compelling surrender.

(a) Nature of offense. The offenses under this article are similar to mutiny or attempted mutiny designed to bring about surrender or abandonment. Unlike some cases of mutiny, however, concert of action is not an essential element of the offenses under this article. The offense is not complete until the place, military property, or command is actually abandoned or given up to the enemy.

(b) Surrender. “Surrender” and “to give it up to an enemy” are synonymous.

(c) Acts required. The surrender or abandonment must be compelled or attempted to be compelled by acts rather than words.

(2) Attempting to compel surrender. The offense of attempting to compel a surrender or abandonment does not require actual abandonment or surrender, but there must be some act done with this purpose in view, even if it does not accomplish the purpose.

(3) Striking the colors or flag.

(a) In general. To “strike the colors or flag” is to haul down the colors or flag in the face of the enemy or to make any other offer of surrender. It is traditional wording for an act of surrender.

(b) Nature of offense. The offense is committed when one assumes the authority to surrender a military force or position when not authorized to do so either by competent authority or by the necessities of battle. If continued battle has become fruitless and it is impossible to communicate with higher authority, those facts will constitute proper authority to surrender. The offense may be committed whenever there is sufficient contact with the enemy to give the opportunity of making an offer of surrender and it is not necessary that an engagement with the enemy be in progress. It is unnecessary to prove that the offer was received by the enemy or that it was rejected or accepted. The sending of an emissary charged with making the offer or surrender is an act sufficient to prove the offer, even though the emissary does not reach the enemy.

(4) Enemy. For a discussion of “enemy,” see subparagraph 27.c.(1)(b).

(d) Maximum punishment. All offenses under Article 100. Death or such other punishment as a court-martial may direct.

(e) Sample specifications.

(1) Compelling surrender or attempting to compel surrender. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, (attempt to) compel __________, the commander of __________, (to give up to the enemy) (to abandon) said __________, by __________.

(2) Striking the colors or flag. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction, if required), on or about _____ 20 __, without proper authority, offer to surrender to the enemy by (striking the (colors) (flag)) (_____).

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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, compel __________, the commander of __________, (to give up to the enemy) (to abandon) said __________, by __________.

Elements

(1) That (state the name and rank of the person alleged) was the commander of (state the name of the place, vessel, aircraft, military property, or body of members of the armed forces, as alleged);

(2) That (state the time and place alleged), the accused, did an overt act, to wit: (state the overt act alleged), which was intended to and did compel that commander to give up to the enemy or abandon the (state the name of the place, vessel, aircraft, military property, body of members of the armed forces, as alleged); and

(3) That (state the name of the place, vessel, aircraft, military property, or body of members of the armed forces, as alleged) was actually given up to the enemy or abandoned.

Definitions & other instructions

(“Abandon” means to completely separate oneself from all further responsibility to defend that (place) (vessel) (aircraft) (military property) (body of members of the armed forces). (Stated differently, “abandon” means (relinquishing control) (giving up) (yielding) (leaving) because of threatened dangers or encroachments.))

(“Give up to the enemy” means to surrender.)

“Enemy” includes organized opposing forces 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.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable.

Source: Instruction 3a-28-1 · view original on jagcnet.army.mil

Maximum punishment

Death or other lawful punishment. (Criteria)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, attempt to compel __________, the commander of __________, (to give up to the enemy) (to abandon) said __________, by __________.

Elements

(1) That (state the name and rank of the person alleged) was the commander of (state the name of the place, vessel, aircraft, military property, or body of members of the armed forces, as alleged);

(2) That (state the time and place alleged), the accused did a certain overt act that is, (state the act(s) alleged or raised by the evidence);

(3) That the act was done with the intent to compel (state the name and rank of the commander alleged) to (give up to the enemy) (abandon) the (state the name of the place, vessel, aircraft, military property, or body of members of the armed forces, as alleged);

(4) That the act amounted to more than mere preparation; that is, it was a direct movement toward the commission of the offense of compelling surrender; and

(5) That the act apparently tended to bring about the offense of compelling (surrender) (abandonment), (that is, the act apparently would have resulted in the actual commission of the offense of compelling (surrender) (abandonment) except for (a circumstance unknown to the accused) (an unexpected intervening circumstance) (__________) which prevented the completion of that offense).

Definitions & other instructions

While actual abandonment or surrender is not required, there must be some act done with this purpose in mind, even if it falls short of actual accomplishment.

NOTE 2. Other instructions. Instruction 7-3, Circumstantial Evidence (Intent), is ordinarily applicable. See Instruction 3-4-1, Attempts, for the standard instruction on this subject.

Source: Instruction 3a-28-2 · view original on jagcnet.army.mil

NOTE. 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

Death or other lawful punishment. (Criteria)

Sample specification

In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, without proper authority, offer to surrender to the enemy by (striking the (colors) (flag)) (__________).

Elements

(1) That (state the time and place alleged), there was an offer to surrender to an enemy;

(2) That this offer was made by striking the colors or flag to the enemy or in some other manner;

(3) That the accused made or was responsible for the offer; and

(4) That the accused did not have proper authority to make the offer.

Definitions & other instructions

To “strike the colors or flag” means to haul down the colors or flag in the face of the enemy or to make any other offer of surrender.

The offense is committed when a person takes upon (himself) (herself) the authority to surrender a military force or position (except as a result of the utmost necessity or extremity) (unless authorized to do so by competent authority). (An engagement with the enemy does not have to be in progress when the offer to surrender is made, but it is essential that there is sufficient contact with the enemy to give the opportunity for making the offer.) (It is not essential that the enemy receive, accept, or reject the offer. However, the offer must be transmitted in some manner designed to result in receipt by the enemy.) (The sending of an emissary charged with making the offer or surrender is an act sufficient to prove the offer, even though the emissary does not reach the enemy.)

Source: Instruction 3a-28-3 · view original on jagcnet.army.mil

Article 100. Subordinate compelling surrender · MCM ¶ 28

3a-28-1 · COMPELLING SURRENDER

3a-28-2 · COMPELLING SURRENDER-ATTEMPTS

3a-28-3 · STRIKING THE COLORS OR FLAG