ThinksMarkedly wrote:BTW, would the declaration of war cause the military code of justice to allow for a swifter form of judgement and punishment?
Cowardice in the face of the enemy during a time of war could be punished by summary execution, right?
Even if it did, that would have no effect on Young's court martial as no declaration existed at the time of his actions.
I don't know whether having a formal declaration in place beforehand would have opened him up to further charges, but lack of it offered no defense against the 5 charges against him - and they already included behavior in the face of the enemy. (Including some he was found guilty of; the 3 out of 5)
The specification of charges:
1) "you did violate the Twenty-Third Article of War, in that you did quit the formation of Task Group Hancock-Zero-Zero-One, thereby breaking off action against the enemy, without orders so to do." (Guilty by a 4 to 2 vote)
2) "you did subsequently violate the Twenty-Sixth Article of War, in that you did disobey a direct order from the flagship of Task Group Hancock-Zero-Zero-One by disregarding repeated instructions to return to formation." (Guilty by a 4 to 2 vote)
3) "in direct consequence of the actions alleged in the first and second specifications of these charges, the integrity of the missile defense net of Task Force Hancock-Zero-Zero-One was compromised by the withdrawal of the units under your command, thereby exposing other units of the task group to concentrated enemy fire, which, in consequence of your actions, inflicted severe damage and heavy loss of life upon them." (Guilty by a 4 to 2 vote)
4) "that the actions and consequences alleged in the first, second, and third specifications of these charges constitute and did result from personal cowardice." (Unable to reach a verdict; 3 to 3 vote)
5) "the actions alleged in the first and second specifications of these charges constitute desertion in the face of the enemy as defined under the Fourteenth, Fifteenth, and Nineteenth Articles of War, and, as such, an act of high treason under the Articles of War and the Constitution of this Star Kingdom." (Unable to reach a verdict; 3 to 3 vote)