AWOL from a military unit: legal consequences

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Publication date: 29.07.2024

AWOL from a military unit: legal consequences

In a modern society, the issue of compliance with military discipline and the rule of law is one of the most important components of maintaining state security. AWOL from a military unit, often referred to as desertion, is a serious violation of military discipline. In this article, we will examine the legal consequences of such actions, as well as the liability of the person who violated the rules of service.

Definitions and concepts

AWOL is an act when a serviceman leaves his unit, place of service or other service location without proper permission. This may include both temporary absence without intention to return and complete abandonment of service. These actions constitute a violation of the military oath and official duties, which can have serious consequences for both the serviceman and the security of the state.
 

Criminal liability

AWOL from a military unit can lead to criminal liability. In Ukraine, this act is punishable under the Criminal Code. Article 407 of the Criminal Code of Ukraine provides that unauthorised abandonment of a military unit or place of service is punishable by imprisonment for up to three years. If a serviceman has been absent without valid reasons for more than a month, he may face a more severe penalty, including imprisonment for a term of three to seven years. Such sanctions are imposed to maintain discipline and ensure the proper functioning of military units.
 

Disciplinary measures

In addition to criminal liability, a serviceman who leaves a military unit without permission may be subject to disciplinary measures. This may include a reprimand, demotion in rank, reduction in salary, and other types of disciplinary action. The purpose of such measures is to prevent similar offences in the future and to maintain order in military units. In the event of a repeat offence, disciplinary measures may be significantly more severe.
 

Loss of benefits and social guarantees

A serviceman who leaves a military unit without permission may lose the right to certain benefits and social guarantees. For example, he or she may be deprived of the right to receive a military pension or other payments provided to combatants or veterans of military service. This is an additional incentive for servicemen to follow the rules and discipline, as the loss of such benefits can significantly affect their life after service.

Career consequences

Unauthorised absence from a military unit can have a negative impact on a serviceman's career. After such an incident, it may be difficult to restore the reputation and trust of the command. This can lead to restrictions on career progression or even the need to leave the military. Military units often closely monitor the disciplinary records of their personnel, and any infractions can have long-term consequences.
 

Moral and ethical aspects

There are also moral and ethical implications of leaving a military unit without permission. Military service is based on the principles of honour, loyalty and responsibility. Desertion is a violation of these principles, which can lead to a loss of respect from fellow soldiers and society. In addition, it can cause serious emotional and psychological stress for the serviceman and his family.
 

Social consequences

• Firstly, unauthorised absence from a military unit can affect the social environment of a serviceman.
   
• Second, families of servicemen may face social stigma and lose the trust of neighbours, friends and colleagues.
   
• Third, children of such servicemen and women may experience negative consequences, including bullying at school or other educational institutions. Fourthly, it can affect the psychological state of loved ones, causing stress and depression.
   
• Fifthly, such situations can lead to the severance of family ties when family members cannot withstand the pressure from society and their own moral principles.
   
• Sixthly, desertion can affect the employment prospects of the soldier and his family, as reputation is extremely important in such cases.
   

Impact on international relations

Cases of unauthorised desertion can also have an impact on international relations, especially if the serviceman seeks asylum in another country. Such cases can cause diplomatic complications and affect the image of the state in the international arena. In some cases, states may request the extradition of deserters, which can create additional legal and political challenges.
 

Long-term consequences for society

AWOLs can have long-term consequences for society. This phenomenon may indicate the existence of systemic problems in military structures, such as inadequate conditions of service or insufficient training. Identifying and addressing such problems is key to ensuring the stability and effectiveness of the armed forces. In addition, it can affect public opinion about military service and trust in military institutions.