Cody Harnish
Jan 28, 2025
The UCMJ’s ‘Aiding the Enemy’ Article Just Got Even Easier to Charge!
As a UCMJ Attorney, I understand the importance of staying informed about the latest updates to military law. Recently, Article 103b of the Uniform Code of Military Justice (UCMJ) underwent significant changes, and it’s crucial for service members to be aware of these new implications.
What’s Changing in Article 103b?
Historically, the “Aiding the Enemy” charge primarily concerned providing supplies, intelligence, or direct support to adversary forces. However, the recent update broadens the scope to include military training, education, and even tactical advice. This means that seemingly innocuous actions, such as teaching weapons handling to the wrong person or sharing classified tactics in casual conversation, could now lead to UCMJ violations. Additionally, unauthorized military training given to foreign nationals may result in serious charges, including court-martial.
Real-World Situations That Could Get You in Trouble
While you might assume this only affects spies or traitors, service members can inadvertently find themselves in legal hot water. Here are some real-world scenarios to consider:
- Foreign Military Training Gone Wrong: Training or advising foreign nationals without proper authorization can lead to severe charges. It’s essential to ensure that all such activities are conducted with the necessary approvals.
- Posting Tactics Online: Sharing combat tactics on platforms like YouTube might seem harmless. However, if these tactics are used by unauthorized individuals, you could be held responsible. It’s important to be mindful of the audience and ensure that information is not misused.
- Private Security Work Outside the Military: Engaging in high-paying contracts to train foreign militias poses significant legal risks. If these militias are not U.S.-approved, you could face substantial legal consequences.
The Bottom Line
The UCMJ has made it easier to charge service members under “Aiding the Enemy.” It’s imperative to be cautious about who you train, what you say, and where your knowledge ends up. By staying informed and adhering to the updated regulations, you can help protect yourself and your fellow service members from potential legal issues.