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 X— PUNITIVE ARTICLES

10 U.S.C. § 898

Art. 98. Misconduct as prisoner

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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.(Aug. 10, 1956, ch. 1041, 70A Stat. 71, § 905; renumbered § 898, Pub. L. 114–328, div. E, title LX, § 5401(6), Dec. 23, 2016, 130 Stat. 2938.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

905

50:699.

May 5, 1950, ch. 169, § 1 (Art. 105), 64 Stat. 138.

Editorial NotesPrior Provisions

A prior section 898 was renumbered section 931f of this title.

Amendments

2016—Pub. L. 114–328 renumbered section 905 of this title as this section.

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 59 cases, 1957–2018 · leading case: United States v. Mizgala, 61 M.J. 122 (C.A.A.F. 2005).
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United States v. Mizgala, 61 M.J. 122 (C.A.A.F. 2005). · cites it 4× “04-0382/AF demand for a speedy trial under the UCMJ more exacting, by virtue of Article 98, UCMJ, 10 U.S.C. § 898 (2000), unreasonable delay in disposing of criminal charges in the military is unlawful.”
Weiss v. United States, 510 U.S. 163 (1994). · cites it 2× “98, UCMJ, 10 U. S. C. § 898 . The Code also provides that a military judge, either trial or appellate, must refrain from adjudicating a case in which he has previously participated, Arts.”
United States v. Levite, 25 M.J. 334 (1987). · cites it 2× “This Court specified the following issue for review: A WHETHER OTHER ACTIONS IMPEDING A COURT-MARTIAL IN VIOLATION OF ARTICLE 98, UNIFORM CODE OF MILITARY JUSTICE, 10 U.S.C. § 898 , OR VIOLATIVE OF AN ACCUSED’S RIGHT TO GATHER EVIDENCE IN VIOLATION OF ARTICLE 46, UCMJ, 10 U.”
United States v. Loving, 41 M.J. 213 (C.A.A.F. 1994). “Article 37(a) prohibits any attempts to influence the court members, and Article 98, UCMJ, 10 USC § 898 , makes it a criminal offense to do so.”
United States v. Bauerbach, 55 M.J. 501 (A.C.C.A. 2001). “Not only is untimely post-trial processing unfair to the soldier concerned, but it also damages the confidence of both soldiers and the public in the fairness of military justice; thereby directly undermining the very purpose of military law.”
United States v. Thomas, 22 M.J. 388 (1986). “98, UCMJ, 10 U.S.C. § 898 . Subsequently, the Military Justice Act of 1968 expanded the command-influence prohibitions of Article 37.”
United States v. Graf, 35 M.J. 450 (1992). “First, it provides for an administrative method of complaint against interfering superiors within the uniformed service itself, which ultimately requires the attention of the civilian secretary of that service. Art. 138, UCMJ, 10 USC § 938 .”
United States v. Cruz, 25 M.J. 326 (1987). “98, UCMJ, 10 U.S.C. § 898 ) or attempted to be exercised (Art.”
United States v. Allen, 31 M.J. 572 (1990). “Appellant claims that unlawful command influence in the nature of improper secretarial control over the court-martial process became institutionalized in courts-martial involving national security cases.”
United States v. Cruz, 20 M.J. 873 (1985). “In an attempt to prevent unlawful command influence, Congress enacted Article 37, UCMJ, and provided for the punishment of violations of this article under Article 98, UCMJ, 10 U.S.C. § 898 . Congress also relied heavily on the UCMJ’s appellate court system for protection from…”
United States v. Murphy, 26 M.J. 454 (1988). “98, UCMJ, 10 U.S.C. § 898 . II The Court of Military Review held that a challenge for cause should be sustained when one member of a court-martial is “in the ordinary course of affairs in [the] direct supervisory chain” of another member.”
United States v. Powell, 2 M.J. 6 (1976). “10 U.S.C. § 898 . . Our decision on this issue makes it unnecessary to decide the other issues as to which we granted review.”
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