U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER II— APPREHENSION AND RESTRAINT

10 U.S.C. § 812

Art. 12. Prohibition of confinement of members of the armed forces with enemy prisoners and certain others

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No member of the armed forces may be placed in confinement in immediate association with—(1) enemy prisoners; or(2) other individuals—(A) who are detained under the law of war and are foreign nationals; and(B) who are not members of the armed forces.(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 114–328, div. E, title LII, § 5122, Dec. 23, 2016, 130 Stat. 2896.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

812

50:566.

May 5, 1950, ch. 169, § 1 (Art. 12), 64 Stat. 112.

The words “of the United States” are omitted as surplusage. The word “may” is substituted for the word “shall”.

Editorial NotesAmendments

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “No member of the armed forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.”

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 56 cases (11 in the last 5 years), 1960–2024 · leading case: United States v. McPherson, 73 M.J. 393 (C.A.A.F. 2014).
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United States v. McPherson, 73 M.J. 393 (C.A.A.F. 2014). · cites it 5× “” 10 U.S.C. § 812 (2012). The Judge Advocate General of the Air Force certified to this Court the question of whether Article 12, UCMJ, applies to members of the armed forces confined in a state or federal facility within the continental limits of the United States.”
United States v. Wise, 64 M.J. 468 (C.A.A.F. 2007). · cites it 2× “Turning to Appellant’s allegation that he was detained with Iraqi enemy prisoners of war (EPWs) in violation of Article 12, UCMJ, 10 U.S.C. § 812 (2000), we conclude that even if the facts are as alleged by Appellant, based on the plain text and legislative history to Article…”
United States v. Gay, 74 M.J. 736 (A.F.C.C.A. 2015). “The appellant raised this issue in his clemency request, and the convening authority granted the appellant’s requested relief by disapproving nine days of the adjudged sentence to confinement for this apparent violation of Article 12, UCMJ, 10 U.S.C. § 812 . On the ninth day…”
United States v. McPherson, 72 M.J. 862 (A.F.C.C.A. 2013). · cites it 2× “On appeal, the appellant avers three issues: (1) His conviction for fraudulent enlistment is factually insufficient; (2) His trial defense counsel were ineffective in that they did not advise him of his rights under Articles 12 and 138, UCMJ, 10 U.S.C. §§ 812 , 938; and (3) He…”
United States v. Pena, 64 M.J. 259 (C.A.A.F. 2007). “See also Article 12, UCMJ, 10 U.S.C. § 812 (2000) (prohibition on confinement in immediate association with enemy prisoners).”
United States v. Wilson, 73 M.J. 529 (A.F.C.C.A. 2014). · cites it 2× “There was evidence in the record that local confinement officials implemented the segregation so as to prevent a violation of Article 12, UCMJ, 10 U.S.C. § 812 , by ensuring the appellant was never in immediate association with foreign nationals.”
United States v. Palmiter, 20 M.J. 90 (1985). “It is noted that Chief Judge Everett equates “commingling” with punishment, making the analogy that because Article 12, UCMJ, 10 U.S.C. § 812 , specifically prohibits the intermixture of prisoners of war with our own prisoners, this implies that a prisoner may be demeaned by the…”
United States v. Gay, 75 M.J. 264 (C.A.A.F. 2016). “§ 938 (2012), complaint he had filed earlier in which he had requested confinement credit for being housed with a foreign national in violation of Article 12, UCMJ, 10 U.S.C. § 812 (2012). 3 Gay also requested additional confinement credit “for being unnecessarily placed in…”
United States v. Ellsey, 16 C.M.A. 455 (1966). “” Code, supra, Article 12, 10 USC § 812 . Where imposed by a court-martial, it begins to run from the date the sentence is adjudged.”
United States v. Wilson, 73 M.J. 404 (C.A.A.F. 2014). · cites it 2× “We directed the CCA to consider on remand a specified issue: whether Article 12, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 812 (2012), applies to a military member confined in a state or federal institution in the United States.”
James v. Kuykendall v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas, 285 F.2d 480 (10th Cir. 1960). “, in any case where it is authorized to adjudge the punishment of death; and such sentences of imprisonment and hard labor may be carried into execution in any prison or penitentiary under the control of the United States, * * Appellant also contends, but for the first time on…”
Anderson v. Garza, No. 4:22-cv-00718 (N.D. Ohio Sept. 29, 2023). · cites it 5× “First, Petitioner claims he is entitled to a four-for-one day credit towards his sentence for each day that he was confined in immediate association with a foreign national in violation of Article 12 of the (4:22CV0718) Uniform Code of Military Justice (“UCMJ”), 10 U.S.C. § 812…”
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