Evolution of Military Law in America

To start with, the new state adopted the British codes for the US armed force. The US army now adopted what is known as the Articles of War 1775. These were derived from the British law and consisted of 69 sections. the American military code  is credited to John Adams , who was a lawyer at that time. Later he became the President of the United States.  The Articles of War found wide acceptance and at the Conference of the Continental Army they were ratified.

The Articles of War which were an copy of the British law, underwent a change and some amendments were incorporated in 1806. A team of military experts and lawyers studied codes of many nations including the French and raised the sections from 69 to 101. The code provided for summary execution and in some cases the Commanding Officer of Unit at the time of battle if  convinced, could  order execution of a combatant.  There was no appeal. The code was effective and it instilled discipline in the US army. it was widely used in the US civil war from 1861-65.

The beauty of this code was that it continued for almost 150 years, without any questions being raised. The first time the code was questioned was in the period of the First World War when 13 black soldiers were summarily hanged for " mutiny". Later it came to notice that the punishment was excessive and as there was no appeal the sentence was carried out immediately. It was also mentioned that the bigger crime of the soldiers was that they were black.

To avoid a dip in morale the Secretary of defence  Newton D Barker intervened. He ordered that henceforth no executions could be  carried out without referring the matter to Washington. Thus a major change was effected in the military code.

After the end of the Second World War, the 3 Chiefs of Staff appointed a committee to stream line US military law. The committee came up with the Unified Military Code which became law from 1951. One significant change was that a series of checks and balances was introduced and the code made more humane. Death was  made an exception and not a rule. This code is now in vogue in the USA. I