§ Article 98 : Misconduct as Prisoner

Article 98 of the UCMJ (10 U.S.C. § 898) applies to persons subject to the UCMJ who are held by the enemy in time of war. It punishes acting, without authority, to secure favorable treatment from captors to the detriment of other prisoners, and maltreating other prisoners while in a position of authority over them.

Who It Applies To

Any person subject to the UCMJ who, while in the hands of the enemy in time of war, either acts without proper authority, in a manner contrary to law, custom, or regulation, for the purpose of securing favorable treatment by the captors, to the detriment of other prisoners; or, while in a position of authority over other prisoners, maltreats them without justifiable cause.

What It Covers

Acting without authority to the detriment of another for favorable treatment

1. Without proper authority, the accused acted in a manner contrary to law, custom, or regulation.
2. The act was committed while the accused was in the hands of the enemy in time of war.
3. The act was done for the purpose of securing favorable treatment of the accused by the captors.
4. Other prisoners held by the enemy, military or civilian, suffered some detriment because of the act.

Maltreating prisoners while in a position of authority

1. The accused maltreated a prisoner held by the enemy.
2. The act occurred while the accused was in the hands of the enemy in time of war.
3. The accused held a position of authority over the person maltreated.
4. The act was without justifiable cause.

Key rules

• Under the Manual, examples of the first offense include reporting escape plans being prepared by others, or reporting hidden food, equipment, or arms.
• Escape from the enemy is authorized by custom. An escape or escape attempt that leads the enemy to impose closer confinement or other measures on the prisoners left behind is not an offense under this article.
• The source of the accused’s authority over other prisoners is immaterial: it may come from military rank, designation by the captors, or selection by the other prisoners.
• Maltreatment must be real but need not be physical; abusing a prisoner with inflammatory and derogatory words may qualify through the mental anguish it causes.

Maximum Punishment

Maximum authorized punishment. Any punishment other than death that a court-martial may direct.

Sentencing parameters. Article 98 is a sentencing-criteria offense (no numbered category).

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 98 applies only while the accused is held by the enemy. Article 96 addresses conduct toward prisoners held by U.S. forces, and Article 93 addresses maltreatment of a person subject to the accused’s orders outside captivity. Unauthorized communication with the enemy by a prisoner of war can also be charged under Article 103b.

What the Provision Does

Article 98 applies only to persons held by the enemy in time of war. It covers acting without authority to obtain favorable treatment to the detriment of other prisoners, and maltreating other prisoners while in a position of authority over them, and it authorizes any punishment other than death.

History

Misconduct as a prisoner appeared as Article 105 of the original 1950 UCMJ, codified at 10 U.S.C. § 905 in 1956. The Military Justice Act of 2016 (Pub. L. 114-328) renumbered it as Article 98, effective January 1, 2019. Before 2019, Article 98 was the offense of noncompliance with procedural rules, which is now Article 131f.

Sources

• 10 U.S.C. § 898 (Article 98, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 26
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12D