Articles of War, ordinances for the government of troops, seamen, and camp-followers, by punishing, as crimes, acts or omissions which, in civil life, would be mere breaches of contract—e.g. desertion or disobedience of orders. Military Articles of War were, prior to the passing of the first Mutiny Act (q.v.) in 1689, the only ordinances for regulating discipline amongst the troops raised, from time to time, for each campaign. They were issued by the crown or by the commander-in-chief, in pursuance of authority conferred by the crown, for each campaign, and ceased to operate on its conclusion. This prerogative power, dating from the Conquest, was superseded in 1803 by a corresponding statutory power, expressed in section 69 of the Army Act of 1881, but not likely to be used. The earliest complete code, dated 1385, is the 'Statutes, Ordinances, and Customs' of Richard II. Articles of War were then issued by Henry V., Henry VII., and during the great Rebellion by both sides, in almost identical language; those of Lord Essex were published under an ordinance of the Lords and Commons. Charles II. and James II. also issued Articles of War. The former, dated 1672, formed the groundwork of those issued in 1878, which were consolidated with the Mutiny Act in the Army Discipline and Regulation Act of 1879, now replaced by the Army Act of 1881 (see the article ARMY); but the earlier Articles were of excessive severity—death or loss of limb for almost every crime.—The United States Articles of War are published in the annual Army Regulations, and cover generally the same ground as those of England. Sentences of death by courts-martial, as in the United Kingdom, must be concurred in by at least two-thirds of the members, and, with few exceptions, must be confirmed, before execution, by the president of the United States.
Naval Articles of War are similar in every respect to those for the army, and, like them, have been incorporated in a Naval Discipline Act, of which they form the first section. The power of the Admiralty to make Articles of War for the government of the Marines is recognised in section 179 of the Army Act, under which this body is disciplined when not borne on the books of a man-of-war in commission.—In the United States, marines are subject to the regulations for the army or navy, according as they happen to be engaged with either branch of the service; the Naval Articles being, however, essentially the same as those governing the army.
Indian Articles of War are a distinct and special body of regulations, and apply only to officers, soldiers, and camp-followers who are natives of India.