§ Article 100 : Subordinate Compelling Surrender

Article 100 of the UCMJ (10 U.S.C. § 900) punishes compelling or attempting to compel a commander to give up a position, vessel, aircraft, other military property, or body of troops to the enemy, or to abandon it, and separately punishes striking the colors or flag to an enemy without proper authority.

Who It Applies To

Any person subject to the UCMJ who compels or attempts to compel the commander of a place, vessel, aircraft, or other military property, or of a body of members of the armed forces, to give it up to an enemy or abandon it; or who strikes the colors or flag to an enemy without proper authority.

What It Covers

Compelling surrender

1. A certain person was in command of a certain place, vessel, aircraft, or other military property, or of a body of members of the armed forces.
2. The accused did an overt act that was intended to, and did, compel that commander to give it up to the enemy or abandon it.
3. The place, vessel, aircraft, property, or body of members was actually given up to the enemy or abandoned.

Attempting to compel surrender

1. A certain person was in command of a certain place, vessel, aircraft, or other military property, or of a body of members of the armed forces.
2. The accused did a certain overt act.
3. The act was done with intent to compel that commander to give it up to the enemy or abandon it.
4. The act amounted to more than mere preparation.
5. The act apparently tended to bring about the compelled surrender or abandonment.

Striking the colors or flag

1. There was an offer of surrender to an enemy.
2. The offer was made by striking the colors or flag to the enemy, or in some other manner.
3. The accused made, or was responsible for, the offer.
4. The accused did not have proper authority to make the offer.

Key rules

• Unlike some forms of mutiny, concert of action is not required.
• The surrender or abandonment must be compelled, or attempted to be compelled, by acts rather than words.
• Compelling surrender is not complete until the place, property, or command is actually given up or abandoned; the attempt offense does not require that result.
• To “strike the colors or flag” is to haul them down in the face of the enemy or to make any other offer of surrender. The offense is assuming authority to surrender without authorization from competent authority or the necessities of battle; under the Manual, if continued battle has become fruitless and communication with higher authority is impossible, those facts constitute proper authority.
• The offer need not be received, accepted, or rejected by the enemy, and no engagement need be in progress so long as there is enough contact with the enemy to make an offer possible.

Maximum Punishment

Maximum authorized punishment. Death or such other punishment as a court-martial may direct, for every offense under Article 100.

Sentencing parameters. Article 100 is a sentencing-criteria offense (no numbered category). Sentencing parameters and criteria do not apply to the decision whether to impose death.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 100 addresses a subordinate forcing, or trying to force, a commander’s surrender, and anyone’s unauthorized offer of surrender. A shameful surrender or abandonment by the person charged with defending a command is addressed by Article 99. Article 94 addresses mutiny more generally.

What the Provision Does

Article 100 authorizes death for a subordinate who compels or attempts to compel a commander to give up or abandon a command, and applies the same maximum punishment to anyone who strikes the colors or flag to an enemy without proper authority. Under the Manual, these offenses are similar to mutiny or attempted mutiny designed to bring about surrender or abandonment.

History

Article 100 appeared in the original 1950 Uniform Code of Military Justice and was codified at 10 U.S.C. § 900 in 1956. Its text has not been amended since.

Sources

• 10 U.S.C. § 900 (Article 100, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 28
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12D