Page 489 - Trump Executive Orders 2017-2021

10192 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the
colors or flag to an enemy without proper authority, shall be punished by death or such other
punishment as a court-martial may direct.
b. Elements.
(1) Compelling surrender.
(a) That a certain person was in command of a certain place, vessel, aircraft, or other
military property or of a body of members of the armed forces;
(b) That the accused did an oveti act which was intended to and did compel that commander
to give it up to the enemy or abandon it; and
(c) That the place, vessel, aircraft, or other military property or body of members of the
armed forces was actually given up to the enemy or abandoned.
(2) Attempting to compel surrender.
(a) That a certain person was in command of a certain place, vessel, aircraft, or other
military property or of a body of members ofthe armed forces;
(b) That the accused did a certain overt act;
(c) That the act was done with the intent to compel that commander to give up to the enemy
or abandon the place, vessel, aircraft, or other military property or body of members of the armed
forces;
(d) That the act amounted to more than mere preparation; and
(e) That the act apparently tended to bring about the compelling of surrender or
abandonment.
(3) Striking the colors or flag.
(a) That there was an ofter of surrender to an enemy;
(b) That this offer was made by striking the colors or flag to the enemy or in some other
manner;
(c) That the accused made or was responsible for the oiler; and
(d) That the accused did not have proper authority to make the offer.
c. E,xplanation.
(1) Compelling surrender.
(a) Nature of offense. The o±lenses under this article are similar to mutiny or attempted
mutiny designed to bring about surrender or abandonment. Unlike some cases of mutiny, however,
concert of action is not an essential element of the offenses under this article. The offense is not
complete until the place, military property, or command is actually abandoned or given up to the
enemy.
(b) Surrender. "Surrender" and "to give it up to an enemy" are synonymous.
(c) Acts required. The surrender or abandonment must be compelled or attempted to be
compelled by acts rather than words.
(2) Attempting to compel surrender. The offense of attempting to compel a surrender or
abandonment does not require actual abandonment or surrender, but there must be some act done
with this purpose in view, even if it does not accomplish the purpose.
(3) Striking the colors or flag.
(a) In general. To "strike the colors or flag" is to haul down the colors or flag in the face of
the enemy or to make any other offer of surrender. It is traditional wording for an act of surrender.
(b )Nature C<f offense. The offense is committed when one assumes the authority to surrender
a military force or position when not authorized to do so either by competent authority or by the
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necessities of battle. If continued battle has become fruitless and it is impossible to communicate

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