UCMJ Article 102: Forcing a Safeguard

Forcing a safeguard is any act that violates the protection a commander has placed over enemy or neutral persons, places, or property. The punishment is death or such other punishment as a court-martial may direct, and the accused need only have had reason to know the safeguard existed. It applies in time of war and in circumstances short of a formal war, but it does not protect a force’s own property or personnel.

A one-sentence capital article

Any person subject to this chapter who forces a safeguard shall suffer death or such other punishment as a court-martial may direct.

Source: 10 U.S.C. § 902.

The Manual for Courts-Martial (2024 ed.), Part IV, ¶ 30.b, lists three elements: a safeguard had been issued or posted for the protection of certain persons, a place, or property; the accused knew or should have known of it; and the accused forced it.

What a safeguard is, and is not

Under ¶ 30.c(1), a safeguard is:

• “a detachment, guard, or detail posted by a commander for the protection of persons, places, or property of the enemy, or of a neutral affected by the relationship of belligerent forces”; or
• “a written order left by a commander with an enemy subject or posted upon enemy property for the protection of that person or property.”

Its effect “is to pledge the honor of the nation that the person or property shall be respected by the national armed forces.”

The same paragraph draws a limit that decides whether the article applies at all. A safeguard “is not a device adopted by a belligerent to protect its own property or nationals or to ensure order within its own forces,” even in a theater of combat. Posting guards or off-limits signs does not create a safeguard “unless a commander takes those actions to protect enemy or neutral persons or property.” Entering an off-limits area designated to keep order among U.S. troops is not forcing a safeguard; it may be a failure to obey an order under Article 92.

Forcing, knowledge, and when it applies

• Forcing means performing “an act or acts in violation of the protection of the safeguard.” Any trespass on that protection is the offense (¶ 30.c(2)-(3)).
• Time is not limited to a declared war: the offense applies “whether the safeguard was imposed in time of war or in circumstances amounting to a state of belligerency short of a formal state of war” (¶ 30.c(3)).
• Knowledge: “Actual knowledge of the safeguard is not required. It is sufficient if an accused should have known of the existence of the safeguard” (¶ 30.c(4)).

Forcing a safeguard carries death

Under ¶ 30.d, the punishment is “death or such other punishment as a court-martial may direct,” a range that includes life confinement, with or without eligibility for parole (10 U.S.C. § 856(c)(6)(A)).

Looting, pillaging, and plunder

Unlawfully seizing property in enemy or occupied territory is looting or pillaging under Article 108a, and quitting a place of duty to plunder in the presence of the enemy is misbehavior before the enemy under Article 99.

Sources

• 10 U.S.C. § 902, Article 102, Forcing a safeguard (Cornell LII)
• 10 U.S.C. § 856, Article 56, Sentencing (Cornell LII)
• Manual for Courts-Martial, United States (2024 ed.), Part IV, ¶ 30

General information about military law, not legal advice for any individual case.