Articles of War - Cheat sheet
Your last-minute revision companion for Articles of War - the complete guide to AFP military law essentials
Legal Foundation & Structure
Important facts
- Articles numbered sequentially up to Article 121
- Based on Commonwealth Act No. 408 (1938) as amended
- Constitutional basis: Article XVI Section 4 (AFP establishment)
- President as Commander-in-Chief under Article VII Section 18
- Civilian supremacy principle under Article II Section 3
Key definitions
Articles of War
Example
CA 408 covers desertion, mutiny, insubordination
Military criminal law codified in Commonwealth Act No. 408 (1938) governing AFP conduct
Military Law
Example
Sleeping on guard duty is military offense, not civilian
Separate legal system for armed forces addressing military-specific offenses
Court-Martial
Example
General Court-Martial for serious crimes like desertion
Military court for trying service members under Articles of War
Diagrams to know
- AFP organizational chart under Articles of War
- Court-martial hierarchy diagram
Persons Subject to Military Law
Important facts
- All commissioned and enlisted AFP personnel covered
- PMA cadets subject to military law
- Personnel of military prisons included
- Persons accompanying AFP in wartime covered
- Some prisoners of war subject to Articles
Key definitions
Subject to Military Law
Example
Article 2 covers commissioned officers, enlisted, cadets
All AFP personnel (regular, reserve, trainees), PMA cadets, prison personnel
Active Service
Example
Reservists called to active duty fall under Articles
Period when military personnel are subject to full military law jurisdiction
Diagrams to know
- Jurisdiction coverage diagram
Major Military Offenses
Important facts
- Desertion can be capital offense in wartime
- AWOL distinguished from desertion by intent
- Mutiny requires 2+ persons acting together
- Misbehavior before enemy (Article 75) is capital in war
- Sleeping on post capital offense in wartime
- Disrespect to superior (Article 64) punishable
- Conduct prejudicial to good order (Article 97)
Key definitions
Desertion (Article 85)
Example
Soldier abandons post during combat operations
Leaving service/unit with intent to remain away permanently
AWOL (Article 86)
Example
Missing formation but planning to come back
Absence without leave but with intent to return
Mutiny (Article 67)
Example
Group of soldiers refusing commander's orders
Two or more persons joining to defy military authority
Insubordination (Article 65)
Example
Refusing direct command from ranking officer
Willful disobedience of lawful order from superior
Conduct Unbecoming (Article 96)
Example
Officer engaging in dishonorable activities
Behavior unworthy of an officer and gentleman
Diagrams to know
- Offense severity classification chart
- Desertion vs AWOL comparison diagram
Court-Martial Types
Important facts
- GCM convened by President or designated authority
- SCM convened by senior commanders
- Summary convened by company commanders
- Death sentences require presidential confirmation
- Officers cannot be tried by Summary Court-Martial
Key definitions
General Court-Martial (GCM)
Example
Murder, desertion in wartime, mutiny cases
Most serious offenses, 5+ officers, can impose death penalty
Special Court-Martial (SCM)
Example
AWOL, minor insubordination cases
Intermediate offenses, 3+ officers, cannot dismiss officers
Summary Court-Martial
Example
Late for formation, minor discipline issues
Minor offenses for enlisted, one officer, limited punishment
Diagrams to know
- Three-tier court-martial system diagram
- Court-martial composition chart
Rights of the Accused
Important facts
- Right to be informed of charges
- Right to present evidence and witnesses
- Right to confront witnesses
- Right against self-incrimination
- Right to remain silent
- Right to appeal conviction
- Article 31 hearing before trial
Key definitions
Article 31 Rights
Example
Must be informed before military questioning
Military equivalent of Miranda rights - right to remain silent
Right to Counsel
Example
Accused can hire civilian attorney or use military defender
Military or civilian lawyer representation in court-martial
Diagrams to know
- Due process rights flowchart
- Court-martial procedure timeline
Punishments & Discipline
Important facts
- Death penalty for grave offenses (presidential confirmation required)
- Dishonorable discharge for enlisted personnel
- Confinement at hard labor (varying duration)
- Total forfeiture of pay and allowances possible
- Reduction in rank punishment available
- Accused may demand court-martial instead of NJP
Key definitions
Non-Judicial Punishment
Example
Restriction, extra duty, reprimand for minor offenses
Article 105 allows commanders to impose discipline without court-martial
Dismissal from Service
Example
Officer convicted of serious court-martial offense
Removal of officer from AFP with loss of all benefits
Diagrams to know
- Punishment severity scale
- Non-judicial punishment options chart
Special Military Doctrines
Important facts
- 'Following orders' defense fails for clearly illegal orders
- Military necessity doctrine has strict limits
- ROE may be more restrictive than law allows
- International humanitarian law binding on AFP
- Geneva Conventions must be followed
Key definitions
Lawful Order
Example
Order to advance in combat is lawful; order to kill civilians is not
Command that must be obeyed; excludes illegal or immoral orders
Command Responsibility
Example
Officer who ignores war crimes by troops is responsible
Commanders liable for subordinates' crimes if they knew and failed to act
Rules of Engagement (ROE)
Example
Positive ID required before engagement in peacekeeping
Mission-specific guidelines on when and how to use force
Diagrams to know
- Lawful vs unlawful order decision tree
- Command responsibility chain
Must remember
- Articles of War based on Commonwealth Act No. 408 (1938)
- Three court-martial types: General (5+ officers), Special (3+ officers), Summary (1 officer)
- Desertion = intent to stay away permanently; AWOL = intent to return
- Article 31 rights = military Miranda rights (right to remain silent)
- Death penalty requires presidential confirmation
- Mutiny requires 2+ persons acting together
- Lawful order doctrine: illegal orders must not be obeyed
- Command responsibility: commanders liable for subordinates' known crimes
- Non-judicial punishment (Article 105) for minor offenses
- Constitutional basis: Article XVI Sec 4 (AFP), Article VII Sec 18 (C-in-C)
Last minute tips
- Focus on Article numbers for major offenses (85=Desertion, 67=Mutiny, 96=Conduct Unbecoming)
- Remember the '2+ persons' requirement that distinguishes mutiny from insubordination
- Death penalty offenses are limited and require presidential confirmation - key exam point
- Intent distinguishes desertion from AWOL - memorize this difference
- Court-martial composition numbers: Summary=1, Special=3+, General=5+
Comparison tables
Court-Martial Types Comparison
| Type | Composition | Jurisdiction | Max Punishment | Convening Authority |
|---|---|---|---|---|
| General | 5+ officers | Most serious | Death penalty | President/designee |
| Special | 3+ officers | Intermediate | No death/dismissal | Senior commanders |
| Summary | 1 officer | Minor (enlisted) | Limited | Company commanders |
Desertion vs AWOL
| Offense | Intent | Severity | Wartime Penalty | Article | |
|---|---|---|---|---|---|
| Desertion | Permanent absence | Never return | Severe | Death possible | Article 85 |
| AWOL | Temporary absence | Intent to return | Less severe | Confinement | Article 86 |
Military vs Civilian Courts
| Aspect | Military Courts | Civilian Courts | Key Difference |
|---|---|---|---|
| Jurisdiction | Service-connected crimes | Non-service crimes | Nature of offense |
| Personnel | Military officers/lawyers | Civilian judges/lawyers | Professional background |
| Law Applied | Articles of War | Revised Penal Code | Legal framework |
Diagrams
Articles of War Structure Overview
Complete overview of Articles of War structure and key components
Court-Martial Process Flow
Step-by-step process from offense to final sentence in military justice system
Military Personnel Status Under Law
Different statuses of personnel and their coverage under Articles of War
Lawful Order Decision Process
Decision tree for determining whether a military order must be obeyed