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Spider-Dan
Global Moderator
Uber Member
    
Posts: 16584

Bay Area Niner-Hater
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« Reply #7 on: August 15, 2015, 12:00:30 am » |
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Article 90 says: Any person subject to this chapter who–
(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or
(2) willfully disobeys a lawful command of his superior commissioned officer;
shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.Article 24 says: (a) Summary courts-martial may be convened by–
(1) any person who may convene a general or special court-martial;
(2) the commanding officer of a detached company other detachment of the Army;
(3) the commanding officer of a detached squadron or other detachment of the Air Force; or
(4) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned.
(b) When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.As I read those two statutes, if you are the commanding officer of a detached company or squadron in time of war and a subordinate willfully disobeys a lawful command, it is within your power to convene a summary court-martial (with yourself as the "judge") and immediately sentence that subordinate to death. I believe MaineDolfan is a former MP, so I will certainly defer to him if he says otherwise. While these statutes exist in the UCMJ, none of the historical examples I can find of summary execution for willfully disobeying an order have happened in the U.S. military, so (at least for the U.S.) this would be more of a technical worst-case possibility; the more likely outcome would be far less severe. But it does appear to be on the books, and it has happened in other militaries that also have a strict chain-of-command (which was the important feature being cited).
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« Last Edit: August 15, 2015, 12:03:01 am by Spider-Dan »
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