"Army Mutiny" redirects here. For the 1924 event in the Irish Free State, see Irish Army Mutiny.
Mutiny is a criminal conspiracy among a group of people (typically members of the military or the crew of any ship, even if they are civilians) to openly oppose, change, or overthrow a lawful authority to which they are subject. The term is commonly used for a rebellion among members of the military against their superior officers, but it can also occasionally refer to any type of rebellion against lawful authority or governances.
Until 1689, mutiny was regulated in England by Articles of War instituted by the monarch and effective only in a period of war. In 1689, the first Mutiny Act was passed which passed the responsibility to enforce discipline within the military to Parliament. The Mutiny Act, altered in 1803, and the Articles of War defined the nature and punishment of mutiny until the latter were replaced by the Army Discipline and Regulation Act in 1879. This, in turn, was replaced by the Army Act in 1881.
Mutiny means a combination between two or more persons subject to service law, or between persons two at least of whom are subject to service law—
(a) to overthrow or resist lawful authority in Her Majesty's forces or any forces co-operating therewith or in any part of any of the said forces,
(b) to disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against, the enemy, or
(c) to impede the performance of any duty or service in Her Majesty's forces or in any forces co-operating therewith or in any part of any of the said forces.
The military law of England in early times existed, like the forces to which it applied, in a period of war only. Troops were raised for a particular service and were disbanded upon the cessation of hostilities. The crown, by prerogative, made laws known as Articles of War for the government and discipline of the troops while thus embodied and serving. Except for the punishment of desertion, which was made a felony by statute in the reign of Henry VI, these ordinances or Articles of War remained almost the sole authority for the enforcement of discipline until 1689 when the first Mutiny Act was passed and the military forces of the crown were brought under the direct control of parliament. Even the Parliamentary forces in the time of Charles I and Oliver Cromwell were governed, not by an act of the legislature, but by articles of war similar to those issued by the king and authorized by an ordinance of the Lords and Commons exercising in that respect the sovereign prerogative. This power of law-making by prerogative was however held to be applicable during a state of actual war only, and attempts to exercise it in time of peace were ineffectual. Subject to this limitation, it existed for considerably more than a century after the passing of the first Mutiny Act.
From 1689 to 1803, although in peacetime the Mutiny Act was occasionally suffered to expire, a statutory power was given to the crown to make Articles of War to operate in the colonies and elsewhere beyond the seas in the same manner as those made by prerogative operated in time of war.
In 1715, in consequence of the rebellion, this power was created in respect of the forces in the kingdom but apart from and in no respect affected the principle acknowledged all this time that the crown of its mere prerogative could make laws for the government of the army in foreign countries in time of war.
The Mutiny Act of 1803 effected a great constitutional change in this respect: the power of the crown to make any Articles of War became altogether statutory, and the prerogative merged in the act of parliament. The Mutiny Act 1873 was passed in this manner.
Such matters remained until 1879 when the last Mutiny Act was passed and the last Articles of War were promulgated. The Mutiny Act legislated for offences in respect of which death or penal servitude could be awarded, and the Articles of War, while repeating those provisions of the act, constituted the direct authority for dealing with offences for which imprisonment was the maximum punishment as well as with many matters relating to trial and procedure.
The act and the articles were found not to harmonize in all respects. Their general arrangement was faulty, and their language sometimes obscure. In 1869, a royal commission recommended that both should be recast in a simple and intelligible shape. In 1878, a committee of the House of Commons endorsed this view and made recommendations as to how the task should be performed. In 1879, passed into law a measure consolidating in one act both the Mutiny Act and the Articles of War, and amending their provisions in certain important respects. This measure was called the Army Discipline and Regulation Act 1879.
After one or two years experience finding room for improvement, it was superseded by the Army Act 1881, which hence formed the foundation and the main portion of the military law of England, containing a proviso saving the right of the crown to make Articles of War, but in such a manner as to render the power in effect a nullity by enacting that no crime made punishable by the act shall be otherwise punishable by such articles. As the punishment of every conceivable offence was provided, any articles made under the act could be no more than an empty formality having no practical effect.
Thus the history of English military law up to 1879 may be divided into three periods, each having a distinct constitutional aspect: (I) prior to 1689, the army, being regarded as so many personal retainers of the sovereign rather than servants of the state, was mainly governed by the will of the sovereign; (2) between 1689 and 1803, the army, being recognised as a permanent force, was governed within the realm by statute and without it by the prerogative of the crown and (3) from 1803 to 1879, it was governed either directly by statute or by the sovereign under an authority derived from and defined and limited by statute. Although in 1879 the power of making Articles of War became in effect inoperative, the sovereign was empowered to make rules of procedure, having the force of law, to regulate the administration of the act in many matters formerly dealt with by the Articles of War. These rules, however, must not be inconsistent with the provisions of the Army Act itself, and must be laid before parliament immediately after they are made. Thus in 1879 the government and discipline of the army became for the first time completely subject either to the direct action or the close supervision of parliament.
A further notable change took place at the same time. The Mutiny Act had been brought into force on each occasion for one year only, in compliance with the constitutional theory:
that the maintenance of a standing army in time of peace, unless with the consent of parliament, is against law. Each session therefore the text of the act had to be passed through both Houses clause by clause and line by line. The Army Act, on the other hand, is a fixed permanent code. But constitutional traditions are fully respected by the insertion in it of a section providing that it shall come into force only by virtue of an annual act of parliament. This annual act recites the illegality of a standing army in time of peace unless with the consent of parliament, and the necessity nevertheless of maintaining a certain number of land forces (exclusive of those serving in India) and a body of royal marine forces on shore, and of keeping them in exact discipline, and it brings into force the Army Act for one year.
Until 1998 mutiny and another offence of failing to suppress or report a mutiny were each punishable with death. Section 21(5) of the Human Rights Act 1998 completely abolished the death penalty in the United Kingdom. (Prior to this, the death penalty had already been abolished for murder, but it had remained in force for certain military offences and treason, although no executions had been carried out for several decades.) This provision was not required by the European Convention on Human Rights, since Protocol 6 of the Convention permitted the death penalty in time of war, and Protocol 13, which prohibits the death penalty for all circumstances, did not then exist. The UK government introduced section 21(5) as a late amendment in response to parliamentary pressure.
(a) Any person subject to this code (chapter) who—
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
U.S. military law requires obedience only to lawful orders. Disobedience to unlawful orders (see Superior orders) is the obligation of every member of the U.S. military, a principle established by the Nuremberg and Tokyo Trials following World War II and reaffirmed in the aftermath of the My Lai Massacre during the Vietnam War. However, a U.S. soldier who disobeys an order after deeming it unlawful will almost certainly be court-martialed to determine whether the disobedience was proper. In addition, simple refusal to obey is not mutiny, which requires collaboration or conspiracy to disobedience.
HMS Hermione was a 32-gun fifth-ratefrigate of the British Royal Navy. While operating in the Caribbean in 1797 a portion of the crew mutinied, killing the captain, eight other officers, two midshipmen and a clerk before surrendering the ship to the Spanish authorities. The mutiny was the bloodiest recorded in the history of the Royal Navy.
Vellore Mutiny, outbreak against the British East India Company on 10 July 1806, by sepoys forming part of the garrison of a fortress and palace complex at Vellore (now in Tamil Nadu state, southern India).
Barrackpore Mutiny, (2 November 1824), incident during the First Anglo-Burmese War (1824–26), generally regarded as a dress rehearsal for the Indian Mutiny of 1857 because of its similar combination of Indian grievances against the British.
La Amistad, in 1839. A group of captured African slaves being transported in Cuba mutinied against the crew, killing the captain.
The brig USS Somers had a mutiny plotted onboard on her first voyage in 1842. Three men were accused of conspiring to commit mutiny, and were hanged.
The Indian rebellion of 1857 was a period of armed uprising in India against British colonial power, and was popularly remembered in Britain as the Indian Mutiny or Sepoy Mutiny. It is remembered in India as the First War of Independence.
The Sharon, a New England whaler, was subject to multiple mass desertions, mutinies and the murder and dismemberment of a cruel (and from the record, sociopathic) captain by four Polynesians who had been pressed into service on the Sharon.
In 1857 on the whaleship Junior, Cyrus Plummer and several accomplices engineered a mutiny that resulted in the murder of Captain Archibald Mellen and Third Mate John Smith. The mutineers were captured and found guilty in the fall of 1858. Plummer was sentenced to be hanged and his accomplices received life sentences. The story made national and international news and Plummer was able to garner a stay of execution from President James Buchanan and was ultimately pardoned by Ulysses S. Grant.
The Revolta da Chibata ("Revolt of the Lash") was a Brazilian naval mutiny of 1910, where Afro-Brazilian crewmen rose up against oppressive white officers who frequently beat them. Their goal was to have their living conditions improved and the chibata (whips or lashes) banned from the navy.
Kiel mutiny Major revolt by sailors on 3 November 1918 in response to further arrests of suspected Wilhelmshaven ringleaders, eventually sparked the German Revolution of 1918-1919 and the end of the First World War.
Mutiny aboard the Dutch warship the De Zeven Provinciën as a result of salary cuts in early February 1933.
1936 Naval Revolt in Portugal, also known as the Mutiny on the Tagus ships. Sailors aboard two Portuguese ships imprisoned their officers and attempted to sail out into the open sea. Coastal artillery disabled both ships and the Estado Novo shortly thereafter founded the Legião Portuguesa.
2009 Bangladesh Rifles revolt – A group of Bangladesh border guards revolted, demanding equal rights to the regular army and killed several of their officers.
2011 Mutiny on Lurongyu 2682, a Chinese fishing trawler in the South Pacific. After a month-long killings, 11 of the 33 crew returned to China.
2013 1st Battalion Yorkshire Regiment, British Army Sixteen soldiers were jailed after a court martial for staging a 'sit-in' protest against their Captain and Colour Sergeant
2014 Nigerian Army. A total of 54 soldiers were sentenced to death by firing squad by a court martial in two separate trials, after they had refused to fight to recapture a town that had been captured by the Boko Haram insurgents. The sentences are subject to the approval of senior officers.
^Though 50 sailors were convicted of mutiny after the Port Chicago disaster, there is some question as to whether there was a conspiracy, a prerequisite of mutiny, rather than simple refusal to obey a lawful order. All of the sailors were willing to do any other task except load ammunition under unsafe conditions.