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11. Offences against military justice
 
  Article 64-Offences of Abuse of powers of military office  
64.1 Offences of Abuse of powers of military office  
  The powers of military office are those authorities and responsibilities specifically defined and limited to a military position according to the constitution of African Union and the Military Code.  
64.2 Exceeding official powers of military office  
  The offence of exceeding official powers of military office is when an military official, knowingly and deliberately exceeds the limits of their constitutional authority, without legal excuse, out of mercenary, personal, ideological or military political interests which are patently forbidden by the constitution of African Union.  
 
 Primary Fact(s)
 1. That a person has been duly appointed to military office;
 2. That this person has sworn an oath to uphold the terms of military office and the constitution of African Union;
 3. That this person has knowingly and deliberately exceed the official powers of their military office;
 
 
 Penalty Conditions (Level 3-Offence)
Type
Condition(s)
1-3
a) If involving the unlawful detainment of more than 20 and less than 100 citizens of the nation and/or non enemy combatants, without lawful excuse;
b) If involved in the signing in to law such statutes that directly contradict the present articles of the constitution of African Union;
4-6
a) If involving the unlawful detainment of more than 100 citizens of the nation and/or non enemy combatants, without lawful excuse;
 
 
 Penalty Conditions (Level 4-Offence)
Type
Condition(s)
1-3
a) If involving the unlawful imprisonment of more than 20 and less than 100 citizens of the nation and/or non enemy combatants, without lawful excuse;
4-6
a) If involving the unlawful imprisonment of more than 100 citizens of the nation and/or non enemy combatants, without lawful excuse;
b) If involved in the signing in to law such statutes that seek to nullify part or all of the legality of the present constitution of African Union;
 
 
 Penalty Conditions (Level 5-Offence)
Type
Condition(s)
1-3
a) If involving the authorization of the murder of less than 20 citizens of the nation and/or non enemy combatants, without lawful excuse;
b) If involving the authorization of the military/police to use force against citizens of the nation, resulting in the deaths of less than 20 citizens;
c) If involved in the unlawful declaration of War;
4-6
a) If involving the authorization of the murder of more than 20 and less than 50 citizens of the nation and/or non enemy combatants, without lawful excuse;
b) If involving the authorization of the military/police to use force against citizens of the nation, resulting in the deaths of more than 20 citizens;
 
 
 Penalty Conditions (Level 6-Offence)
Type
Condition(s)
1-3
a) If involving the authorization of the murder of less than 100 citizens of the nation and/or non enemy combatants, without lawful excuse;
b) If involving the authorization of the murders of less than 50 citizens of the nation and/or non enemy combatants, through the use of torture and especial cruelty without lawful excuse;
4-6
a) If involving the authorization of the murder of more than 100 citizens of the nation and/or non enemy combatants, without lawful excuse;
b) If involving the authorization of the murder of more than 50 citizens of the nation and/or non enemy combatants, through the use of torture and especial cruelty without lawful excuse;
 
64.3 Refusal to be held to account of military office  
  The offence of refusal to be held to account of military office is when a military official who by the constitution of African Union must defer to the authority of another branch of government and/or elected body knowingly and deliberately refuses to yield to the direction/instruction of such body in direct contravention to the articles of the constitution of African Union.  
 
 Primary Fact(s)
 1. That a person has been duly appointed to military office;
 2. That this person has sworn an oath to uphold the terms of military office and the constitution of African Union;
 3. That this person has knowingly and deliberately shown contempt to the authority of another branch of government/government body and to the rules of the constitution;
 
 
 Penalty Conditions (Level 3-Offence)
Type
Condition(s)
1-3
a) If involved in the intimidation of witnesses and/or officers involved in an investigation;
4-6
a) If involved in the attempt to directly influence a judicial procedure and its outcome through threat and or intimidation;
 
 
 Penalty Conditions (Level 4-Offence)
Type
Condition(s)
1-3
a) If involving the refusal to testify and/or give evidence;
4-6
a) If involving the deliberate withholding of evidence to an constitutionally legal investigation;
 
 
 Penalty Conditions (Level 5-Offence)
Type
Condition(s)
1-3
a) If involving the direct rejection of a direction/verdict of the superior courts of the African Union;
b) If refusing to step-aside pending an investigation of impeachment;
4-6
a) If involving the unconstitutional disbandment of a branch of government and/or elected body;
b) If involved in the false issuing of a martial law decree;
c) If refusing to resign and/or leave office upon the verdict of impeachment;
 
 
 Penalty Conditions (Level 6-Offence)
Type
Condition(s)
1-3
a) If involving the unconstitutional disbanding of a branch of government of elected body and the false imprisonment of its former members;
4-6
a) If involving the unconstitutional disbanding of a branch of government of elected body and the murder of its former members;
 
64.3 Failure to properly discharge powers of military office  
  The offence of Failure to properly discharge the powers of military office is when a military official who by the constitution of African Union is required to discharge certain powers and functions of military office, does deliberately and knowingly refrain from the proper discharge of such duties.  
 
 Primary Fact(s)
 1. That a person has been duly appointed to military office;
 2. That this person has sworn an oath to uphold the terms of military office and the constitution of African Union;
 3. That this person has knowingly and deliberately failed to properly discharge the powers of their office according to the rules of the constitution;
 
 
 Penalty Conditions (Level 3-Offence)
Type
Condition(s)
1-3
a) If resulting in severe delays in the processing of business of the other branches of government;
4-6
a) If failing to appoint required persons to key positions as required by the constitution;
 
 
 Penalty Conditions (Level 4-Offence)
Type
Condition(s)
1-3
a) If resulting in the preventable injury of more than 20 but less than 100 citizens;
b) If resulting in the government business being severely disrupted or suspended through inaction to approve bills of law/budgets;
4-6
a) If resulting in the preventable injury of more than 100 citizens;
 
 
 Penalty Conditions (Level 5-Offence)
Type
Condition(s)
1-3
a) If resulting in the preventable death of more than 20 but less than 100 citizens;
4-6
a) If resulting in the preventable death of more than 100 citizens;
 
     
 
 

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