Articles of War

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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

Articles of War

(1) The first military criminal code in Russia (published Apr. 25, 1715), which became the second part of the Regulations of War of 1716. The need for an elaboration of military articles was bound up with the formation of a regular standing army in Russia. The articles contained an enumeration of military crimes and established means of punishment for these crimes. For such crimes as, for example, treason, refusal of military service, and disobeying an order, cruel punishments were prescribed, such as being beaten with a whip or with rods or suffering exile at hard labor or the death penalty. The Articles of War included the text of the military oath, which emphasized consciousness of the importance of fulfilling one’s military duty, of maintaining one’s loyalty to the banner, and of the observance of firm military discipline. In 1715 a collection of military procedural law titled Short Statement of Procedure or Litigations (third part of the Regulations of War of 1716) was also published.

(2) The Russian term artikul in the 18th and 19th centuries referred to a paragraph in a set of rules or resolutions and also the manual of a rifle.

References in periodicals archive ?

(91) Article of War 94 (1874), reprinted in WINTHROP, supra note

Article of War 97; WINTHROP, supra note 32, at 422; Davis, supra note

(256) Article of War 50 1/2 (1920), Act of June 4, 1920, 41 Stat.

(289) Article of War 113 (1874), Act of June 23, 1874, [section] 2,

The president, his assassin, and the court-martial of Sergeant John A. Mason

(26) The House and Senate hearings discussed military commissions, however, the discussion focused on little more than defining the meaning of the term "military commission." The House and Senate reports mention commissions, but only indicate that military commissions have been recognized by the Supreme Court and that Article 21 is derived from Article of War 15.

Military commissions and courts-martial: a brief discussion of the constitutional and jurisdictional distinctions between the two courts

Article of War 38 provided that the President could prescribe the procedures for courts-martial, courts of inquiry, military commissions, and other military tribunals and shall apply the rules of evidence "generally recognized in the trial of criminal cases in the district courts of the United States." Hearsay is not admissible in federal courts.

Military tribunals: historical patterns and lessons

He then focused on Charge II, involving Article of War 81: assisting the enemy with arms, ammunition, supplies, money, "and other things," or knowingly harboring or protecting or holding correspondence with or giving intelligence to the enemy.

Yet Roosevelt's proclamation allowed the death penalty if two-thirds of the tribunal so voted, even though Article of War 43 required a unanimous vote for a death sentence.

He read this language from the 38th Article of War:

Military tribunals: the Quirin precedent

By virtue of the authority vested in me as President and as Commander in chief of the Amy and Navy, under the Constitution and statutes of the United States, and most particularly the Thirty-Eighth Article of War (U.S.C., title 10, sec.

By virtue of the authority vested in me as President and as Commander in Chief of the Army and Navy, under the Constitution and statutes of the United States, and more particularly the Thirty-Eighth Article of War (10 U.S.C.

Terrorism and the law of war: trying terrorists as war criminals before military commissions