NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, life without eligibility for parole, E-1. (Criteria)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, a time of war, while in the hands of the enemy and in a position of authority over __________, a prisoner at __________, as (officer in charge of prisoners at __________) (__________), maltreat the said __________ by (depriving (him) (her) of __________) (__________) without justifiable cause.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused maltreated (state the name of the alleged prisoner), a prisoner held by the enemy, by (state the manner of maltreatment alleged);
(2) That the act occurred while the accused was in the hands of the enemy in time of war;
(3) That the accused held a position of authority over (state the name of the alleged prisoner); and
(4) That the act was without justifiable cause.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.
“Maltreated” means the infliction of real abuse, although not necessarily physical abuse. It must be without justifiable cause. (To assault) (To strike) (To subject to improper punishment) (or) (To deprive of benefits) could constitute maltreatment. (Abuse of an inferior by derogatory words may cause mental anguish and amount to maltreatment.)
If the accused occupies a position of authority over the prisoner, the source of that authority is not material. The authority 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 selection or election of the accused by other prisoners for their own self-government.
NOTE 2: Time of war in issue. When it is clear as a matter of law that the offense was committed “in time of war,” this should be resolved as an interlocutory question and the members should be so advised. See RCM 103(21). However, if there is a factual dispute involved, it should be resolved by the members in connection with their determination of guilt or innocence.