Articles of War
Encyclopedia
The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The phrase was first used in 1637 in Robert Monro's His expedition with the worthy Scots regiment called Mac-keyes regiment etc. (in the form "Articles of warres") and can be used to refer to military law
in general. However, the term is usually used more specifically and with the modern spelling and capitalisation to refer to the British regulations drawn up in the wake of the Glorious Revolution
and the US regulations later based on them.
. They formed the statutory provisions regulating and governing the behaviour of members of the Royal Navy. They were prominently displayed in all naval ships, and set out a list of criminal provisions which applied to members of the Royal Navy and others to whom the Act applied, in addition to the criminal law of England and Wales and any local criminal law.
The naval Articles of War were originally issued by the Lords Commissioners of the Admiralty in 1653 as fighting instructions after defeat at the Battle of Dungeness
. Soon after the Restoration, they were converted into an Act of Parliament
. After another defeat at the Battle of Toulon
, Parliament amended the Articles in 1749, further tightening discipline. These Articles resulted in the execution of Admiral John Byng
, despite a clear sentiment in the navy and in Parliament that he should be given some lesser punishment. In response, the 1779 amendment was the start of a gradual process of easing the more draconian
punishments. The naval Articles were retained in the 1957 Naval Discipline Act
but then replaced by the provisions of the tri-service Armed Forces Act 2006
.
were written under William III
, taking the place of the medieval Rules and Ordinances of War, a list of regulations issued by the king at the beginning of every expedition or campaign. The Mutiny Acts empowered the king de lege and his government de facto to govern their army by creating a set of Articles of War for each conflict. To a large degree, they were superseded by King's Regulations in force at all times. The Articles of War fell out of use by the Army when they were omitted from the 1955 Army Act.
established 69 Articles of War to govern the conduct of the Continental Army
.
Effective upon its ratification in 1789, Article I, Section 8 of the United States Constitution
provided that Congress
has the power to regulate the land and naval forces
. On 10 April 1806, the United States Congress enacted 101 Articles of War (which applied to both the Army and the Navy), which were not significantly revised until over a century later. Another code of conduct, the 1863 Lieber Code
, operated during the American Civil War
. The military justice system then continued to operate under the Articles of War until 31 May 1951, when the Uniform Code of Military Justice
came into effect.
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
in general. However, the term is usually used more specifically and with the modern spelling and capitalisation to refer to the British regulations drawn up in the wake of the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
and the US regulations later based on them.
United Kingdom
Throughout the Articles' existence, there were separate sets for the navy and army.Royal Navy
The UK's first Articles of War were written for the Royal NavyRoyal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
. They formed the statutory provisions regulating and governing the behaviour of members of the Royal Navy. They were prominently displayed in all naval ships, and set out a list of criminal provisions which applied to members of the Royal Navy and others to whom the Act applied, in addition to the criminal law of England and Wales and any local criminal law.
The naval Articles of War were originally issued by the Lords Commissioners of the Admiralty in 1653 as fighting instructions after defeat at the Battle of Dungeness
Battle of Dungeness
The naval Battle of Dungeness took place on 10 December 1652 during the First Anglo-Dutch War near the cape of Dungeness in Kent.- Background :...
. Soon after the Restoration, they were converted into an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. After another defeat at the Battle of Toulon
Battle of Toulon (1744)
The naval Battle of Toulon or Battle of Cape Sicié took place on 22 February 1744 in the Mediterranean Sea off the coast of Toulon, France. A combined Franco-Spanish fleet fought off Britain's Mediterranean fleet...
, Parliament amended the Articles in 1749, further tightening discipline. These Articles resulted in the execution of Admiral John Byng
John Byng
Admiral John Byng was a Royal Navy officer. After joining the navy at the age of thirteen he participated at the Battle of Cape Passaro in 1718. Over the next thirty years he built up a reputation as a solid naval officer and received promotion to Vice-Admiral in 1747...
, despite a clear sentiment in the navy and in Parliament that he should be given some lesser punishment. In response, the 1779 amendment was the start of a gradual process of easing the more draconian
Draconian
Draconian is an adjective meaning great severity, that derives from Draco, an Athenian law scribe under whom small offences had heavy punishments .Draconian may also refer to:* Draconian , a Death/doom metal band from Sweden...
punishments. The naval Articles were retained in the 1957 Naval Discipline Act
Naval Discipline Act 1957
The Naval Discipline Act 1957 was an Act of the Parliament of the United Kingdom governing discipline in the Royal Navy. It governed courts martial and criminal penalties for crimes committed by officers and ratings of the Royal Navy...
but then replaced by the provisions of the tri-service Armed Forces Act 2006
Armed Forces Act 2006
The Armed Forces Act 2006 is an Act of the Parliament of the United Kingdom.It came into force on 31 October 2009. It replaces the three separate Service Discipline Acts as the system of military law under which the British Armed Forces operate...
.
British Army
The first set of Articles of War for the British ArmyBritish Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
were written under William III
William III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
, taking the place of the medieval Rules and Ordinances of War, a list of regulations issued by the king at the beginning of every expedition or campaign. The Mutiny Acts empowered the king de lege and his government de facto to govern their army by creating a set of Articles of War for each conflict. To a large degree, they were superseded by King's Regulations in force at all times. The Articles of War fell out of use by the Army when they were omitted from the 1955 Army Act.
United States of America
On 30 June 1775, the Second Continental CongressSecond Continental Congress
The Second Continental Congress was a convention of delegates from the Thirteen Colonies that started meeting on May 10, 1775, in Philadelphia, Pennsylvania, soon after warfare in the American Revolutionary War had begun. It succeeded the First Continental Congress, which met briefly during 1774,...
established 69 Articles of War to govern the conduct of the Continental Army
Continental Army
The Continental Army was formed after the outbreak of the American Revolutionary War by the colonies that became the United States of America. Established by a resolution of the Continental Congress on June 14, 1775, it was created to coordinate the military efforts of the Thirteen Colonies in...
.
Effective upon its ratification in 1789, Article I, Section 8 of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
provided that Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
has the power to regulate the land and naval forces
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
. On 10 April 1806, the United States Congress enacted 101 Articles of War (which applied to both the Army and the Navy), which were not significantly revised until over a century later. Another code of conduct, the 1863 Lieber Code
Lieber Code
The Lieber Code of April 24, 1863, also known as Instructions for the Government of Armies of the United States in the Field, General Order № 100, or Lieber Instructions, was an instruction signed by President Abraham Lincoln to the Union Forces of the United States during the American Civil War...
, operated during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. The military justice system then continued to operate under the Articles of War until 31 May 1951, when the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
came into effect.