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(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 hem without justifiable cause; shall be punished as a court-martial may direct.”

Elements.

(1) Acting without authority to the detriment of another for the purpose of securing favorable treatment.

(a) That without proper authority the accused acted in a manner contrary to law, custom, or regulation;

(b) That the act was committed while the accused was in the hands of the enemy in time of war;

(c) That the act was done for the purpose of securing favorable treatment of the accused by the captors; and

(d) That other prisoners held by the enemy, either military or civilian, suffered some detriment because of the accused’s act.

(2) Maltreating prisoners while in a position of authority.

(a) That the accused maltreated a prisoner held by the enemy;

(b) That the act occurred while the accused was in the hands of the enemy in time of war;

(c) That the accused held a position of authority over the person maltreated; and

(d) That the act was without justifiable cause.

Explanation.

(1) Enemy. For a discussion of “enemy,” see paragraph 23c(1)(b) in the Manual Of Courts Martials (linked to a 3.5M PDF).

(2) In time of war. See R.C.M. 103(19) in the Manual Of Courts Martials (linked to a 3.5M PDF).

(3) Acting without authority to the detriment of another for the purpose of securing favorable treatment.

(a) Nature of offense. Unauthorized conduct by a prisoner of war must be intended to result in improvement by the enemy of the accused’s condition and must operate to the detriment of other prisoners either by way of closer confinement, reduced rations, physical punishment, or other harm. Examples of this conduct include reporting plans of escape being prepared by others or reporting secret food caches, equipment, or arms. The conduct of the prisoner must be contrary to law, custom, or regulation.

(b) Escape. Escape from the enemy is authorized by custom. An escape or escape attempt which results in close confinement or other measures against fellow prisoners still in the hands of the enemy is not an offense under this article.

(4) Maltreating prisoners while in a position of authority.

(a) Authority. The source of authority is not material. It may arise from the military rank of the accused or—despite service regulations or customs to the contrary—designation by the captor authorities, or voluntary election or selection by other prisoners for their self-government.

(b) Maltreatment. The maltreatment must be real, although not necessarily physical, and it must be without justifiable cause. Abuse of an inferior by inflammatory and derogatory words may, through mental anguish, constitute this offense.

Lesser included offense. Article 80—attempts

Maximum punishment. Any punishment other than death that a court-martial may direct. See R.C.M. 1003 in the Manual Of Courts Martials (linked to a 3.5M PDF).