UCMJ Article 100 – Compelling Surrender

UCMJ Article 100 punishes any service member who compels or attempts to compel the surrender of a command, unit, post, military property, or personnel to an enemy through misconduct, cowardice, or neglect of duty. This provision addresses the extreme breach of loyalty and discipline that occurs when a service member, rather than resisting, pressures others to surrender in the face of the enemy.

The article reflects the military’s core expectation that service members, especially leaders, must show courage and steadfastness in combat. Any effort to compel surrender without lawful authority undermines morale, endangers lives, and threatens mission success. Because of its seriousness, Article 100—like Article 99—authorizes the death penalty.

Key Elements

To secure a conviction under Article 100, the prosecution must prove:

  1. That the accused compelled or attempted to compel the surrender of a command, unit, place, property, or personnel.
  2. That the surrender was to hostile forces or the enemy.
  3. That the compulsion was through misconduct, cowardice, or neglect of duty.
  4. That the accused acted without lawful authority.

The offense is not limited to commanding officers. Any service member who pressures others to surrender through misbehavior can be guilty if their actions undermine resistance.

Scope and Application

Article 100 applies during combat or imminent threat of enemy action. The offense often involves leaders urging subordinates to give up instead of fighting, but it can also apply to individuals whose misconduct compels a group to yield.

The provision distinguishes between lawful surrender—such as when ordered by a commander under overwhelming circumstances—and unlawful surrender brought about by cowardice or neglect. Only the latter is punishable under Article 100.

Punishment

  • Maximum penalty: Death or such other punishment as a court-martial may direct.
  • Alternative penalties: Life imprisonment, dishonorable discharge, total forfeiture of pay and allowances, and long-term confinement.

The availability of the death penalty underscores how severely the military treats acts that compel surrender in the face of the enemy.

Defenses

Common defenses include:

  • Lawful authority: If the accused acted under lawful orders to surrender, there is no offense.
  • Lack of compulsion: If the accused did not pressure or cause others to surrender, liability does not attach.
  • Overwhelming force: If resistance was impossible and surrender was lawful, Article 100 does not apply.
  • No intent: Simple expressions of fear or doubt without actual compulsion may not qualify.

Examples

If a commander, overwhelmed by fear, orders troops to surrender without exhausting all lawful options, Article 100 may apply. If a soldier abandons their weapon and urges others to give up, that could be compelling surrender through cowardice. However, if a unit is ordered to surrender by proper higher authority after hopeless resistance, that is not a violation.

Conclusion

Article 100 of the UCMJ enforces the expectation that service members must resist the enemy and never compel surrender without lawful authority. It punishes acts of cowardice, neglect, or misconduct that undermine the will to fight. By reserving the harshest penalties, including death, for such conduct, the military justice system emphasizes the critical importance of courage, loyalty, and resilience in the face of hostile forces.

Frequently Asked Questions

1. What does “compelling surrender” mean under Article 100?
It means pressuring or forcing a command, unit, or individuals to yield to the enemy through misconduct, cowardice, or neglect of duty. It requires more than lawful surrender; it must be wrongful.

2. Can lawful surrender ever be punished?
No. Lawful surrender ordered by competent authority when resistance is impossible is not a violation. Only unlawful surrender caused by cowardice or misconduct is punishable.

3. Who can be guilty of this offense?
Any service member, not just commanders, if their conduct pressures others to surrender. However, the offense most often involves leaders with direct authority.

4. What is the maximum punishment for Article 100?
Death or such other punishment as a court-martial may direct. Life imprisonment is a common alternative penalty.

5. How does Article 100 differ from Article 99?
Article 99 punishes misbehavior before the enemy, while Article 100 specifically punishes acts that compel surrender. Both address failures in combat but with distinct focuses.

6. Does fear alone amount to compelling surrender?
Not unless the fear leads to actions or words that pressure others to yield. Fear must manifest in misconduct, cowardice, or neglect that results in compulsion.

7. Can urging retreat be considered compelling surrender?
Not necessarily. Retreat under lawful orders or tactical repositioning is not surrender. Compelling surrender involves yielding to the enemy.

8. What if surrender was the only realistic option?
If surrender was lawful and ordered by competent authority after exhausting resistance, it is not punishable under Article 100.

9. Does Article 100 apply only in wartime?
Yes, it applies in the presence of hostile forces or during armed conflict. The offense is tied to combat conditions.

10. Why is Article 100 treated so severely?
Because compelling surrender undermines the will to fight, endangers entire units, and jeopardizes missions. It strikes at the core of military discipline and loyalty.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 900, Article 100
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0127
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Scott, 37 C.M.R. 389 (1967)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 100 or any other UCMJ provision, you should consult a qualified military attorney.

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