As America approaches its 250th anniversary, it's worth reflecting on the foundational principles that have shaped our nation. One that often goes unnoticed is our military justice system. From the beginning, it has reflected the civilian values of fairness, dignity, and respect for human rights that define what it means to be American.
The story begins in 1775, immediately after the battles of Lexington, Concord, and Trenton and when George Washington took command of the colonial forces. The newly formed Continental Army needed discipline, but the founders rejected the brutal practices of their British adversaries. Based largely on Massachusetts' colonial code, America's first Articles of War limited flogging to a maximum of 39 lashes for any offense. By contrast, the British Army averaged over 700 lashes for severe infractions—a punishment that usually amounted to a death sentence. From the very beginning, American military justice embodied mercy and proportionality, even in the midst of revolution.
Washington understood from his earlier military experience that strong fighting forces need both discipline and humanity. The principles established in 1775 became the foundation for building a military that reflected not just American interests, but American values.
This commitment evolved over time. Once a constitutional government emerged in 1788, Congress approved new Articles of War. Over the decades, the services individualized their own codes of military conduct. Only after World War II did President Harry Truman sign the Uniform Code of Military Justice (UCMJ), creating one legal framework that applied equally to all service members and guaranteed them rights closer to those of civilians.
The UCMJ provides formal criminal law. Rules of Engagement define the circumstances and limitations under which U.S. forces will initiate or continue combat. The Law of Armed Conflict, rooted in the Geneva and Hague Conventions and international law, establishes core principles: distinguishing between combatants and civilians, ensuring proportionality in the use of force, limiting action to legitimate military objectives, and prohibiting unnecessary suffering. Additional codes govern courts-martial, ethical conduct, and service-specific regulations.
These aren't just technical guidelines. As defense analysts have recently noted, America's military remains most effective when it maintains both its professionalism and its warrior culture. Lethality alone doesn't win wars—discipline, adherence to the rule of law, and respect for human dignity create forces that can accomplish missions while upholding the principles they're defending.
The League of Women Voters has long emphasized that understanding our democratic principles and institutions is vital civic knowledge, and military justice is no exception. These frameworks matter because they connect military conduct to the values that guide civilian life: respect for each other as free people who love our country and want to make it better for all who call it home.
No nation wants war. But when America finds itself in conflict, we expect our military to follow the same principles of fairness, dignity and respect for human rights that we demand in our own communities. Active adherence to the Uniform Code of Military Justice and related frameworks helps achieve those ends.
As we celebrate America's semi-quincentennial, understanding these systems reminds us that our military strength has always been rooted not just in our weapons, but in our values. For 250 years, American military justice has embodied the revolutionary idea that even in war, we remain a nation of laws and human dignity.