PMAEE PMA Knowledge — Articles of War & Military LawRevision Notes

Exam Tips

• Remember the four main sources: Constitution, Statutes (CA 408), Regulations, and International Law
• Focus on why military law exists - discipline, accountability, chain of command
• Know the constitutional articles that establish military authority

Key Points

• Military law exists separately from civilian law to meet unique military needs
• Requires stricter discipline and swift accountability compared to civilian standards
• Preserves chain of command and military effectiveness
• Applies to situations involving combat and command of weapons
• Constitutional basis found in Article XVI, Section 4 (AFP establishment) and Article VII, Section 18 (Commander-in-Chief powers)

Definitions

Section Title

Foundations of Military Law

Common Mistakes

• Confusing military law with civilian law - they are separate legal systems
• Thinking military law only applies during wartime - it applies at all times to military personnel
• Assuming civilian courts handle all military offenses - service-connected crimes go to court-martial

Exam Tips

• Memorize the five categories of persons subject to military law from Article 2
• Remember that military law applies 24/7, not just during duty hours
• Know the distinction between service-connected and non-service-connected offenses

Key Points

• Article 2 defines who is subject to military law
• Covers all AFP commissioned officers and enlisted personnel (regular and reserve)
• Includes PMA cadets and persons in active AFP service
• Extends to persons accompanying AFP in time of war
• Some prisoners of war also fall under military jurisdiction

Definitions

Section Title

Jurisdiction and Coverage

Common Mistakes

• Forgetting that PMA cadets are specifically included under military law
• Not recognizing that civilians accompanying the military can be subject to military law during war
• Confusing which crimes go to military vs civilian courts

Exam Tips

• Know the key differences between similar offenses (desertion vs AWOL)
• Remember the article numbers for major offenses (65-insubordination, 85-desertion, 86-AWOL, 96-conduct unbecoming)
• Understand that wartime offenses carry heavier penalties

Key Points

• Offenses against discipline: insubordination, mutiny, disrespect, quarrels
• Offenses against duty: desertion, AWOL, misbehavior before enemy, sleeping on post
• Offenses against persons/property: assault, looting, fraud, conduct unbecoming
• Wartime offenses: mistreatment of POWs, spying, failure to suppress mutiny
• Each category has specific articles and prescribed punishments

Definitions

Section Title

Categories of Military Offenses

Common Mistakes

• Confusing desertion with AWOL - desertion requires intent to remain permanently absent
• Not understanding that 'conduct unbecoming' can cover many different behaviors
• Forgetting that some offenses only apply during wartime

Exam Tips

• Remember the hierarchy: General (most serious), Special (intermediate), Summary (minor)
• Know that only General Court-Martial can impose death penalty
• Understand that officers cannot be tried by Summary Court-Martial

Key Points

• Three types: General, Special, and Summary Court-Martial
• General Court-Martial handles serious offenses, can impose death penalty
• Special Court-Martial for intermediate offenses, cannot dismiss officers or impose death
• Summary Court-Martial for minor offenses involving enlisted personnel only
• Composition includes appointed officers, trial judge advocate, and defense counsel

Definitions

Section Title

Court-Martial System

Common Mistakes

• Thinking all court-martials have the same authority - they have different powers
• Forgetting that Summary Court-Martial only applies to enlisted personnel
• Not knowing which type of court-martial handles which level of offense

Exam Tips

• Know the basic rights: informed of charges, counsel, confront witnesses, no self-incrimination, appeal
• Remember that non-judicial punishment is for minor offenses only
• Understand that death sentences require presidential confirmation

Key Points

• Accused has right to be informed of charges, right to counsel, right to confront witnesses
• Right against self-incrimination and right to appeal
• Investigation process: report, preliminary inquiry, formal investigation, charges
• Trial process: convening, plea, evidence, verdict, sentence
• Review process: convening authority, JAGO, higher reviews up to President

Definitions

Section Title

Rights and Procedures

Common Mistakes

• Thinking military personnel have no rights - they have constitutional protections
• Forgetting that accused can demand court-martial instead of non-judicial punishment
• Not understanding the review process after court-martial conviction

Exam Tips

• Remember: lawful orders must be obeyed, unlawful orders must be refused
• Know that commanders are responsible for subordinates' actions they knew or should have known about
• Understand ROE violations are punishable even if no civilian crime occurred

Key Points

• Lawful vs unlawful orders: must obey lawful orders, must refuse unlawful orders
• Command responsibility: commanders responsible for subordinates' crimes if they knew or should have known
• Military necessity: combat operations may justify otherwise illegal actions within strict limits
• Rules of Engagement (ROE): govern when, where, and how military force may be used
• Code of conduct: mission first, professionalism, honor, loyalty, service

Definitions

Section Title

Special Military Doctrines

Common Mistakes

• Thinking all orders must be obeyed - unlawful orders must be refused
• Not understanding command responsibility applies even if commander didn't directly order the crime
• Confusing military necessity with carte blanche to break laws