Emperor's Hammer Articles of War (v3.0)

The Articles of War (AoW) serve as the principal document outlining the disciplinary procedures of the Emperor's Hammer. These procedures are designed for handling breaches of member conduct while also providing members accused of misconduct a level of due process.

1. Court Officers

1.1 – Judge Advocate General (JAG)

The JAG for any court martial will be an officer of the Emperor's Hammer Command Staff (EH CS) selected by the Fleet Commander (FC) and/or Executive Officer (XO) to conduct that duty. Where a nominated JAG believes a conflict of interest may exist it should be reported immediately and a new JAG selected. A JAG is required to;

- Convene a court martial to order within no earlier than 72 hours of charges being formally raised against a member (Accused) of the EH and the selection of a JAG

- Oversee assigning an advocate to the Accused if the Accused does not select one

- Ensure the Accused/Advocate and Prosecutor have equal time and access to review the charges, mount any defence and respond accordingly

- Formally issue the verdict once it is reached

- Formally either dismisses the case or passes sentence on the Accused (per the AoW guidelines. If an expulsion is sought as part of a sentence that recommendation is passed to the FC for their acceptance or refusal.

1.2 – Prosecutor

The Communications Officer (COMM) acts as the Prosecutor, unless that position is vacant, at which point the Executive Officer (XO), or a suitable officer appointed by the Fleet Commander (FC), should assume the role. They perform or supervise any investigation against the Accused and then present that information to the JAG along with charges to be formally filed against the Accused. At any trial they also present the Prosecution's case to the Court.

1.3 – Advocate

The Advocate acts as the Defense for an Accused. This individual is chosen by the Accused during the initial stages of the trial, if the Accused chooses not to select an Advocate then one will be appointed to them. This individual must be a member of the Emperor’s Hammer in good standing, not currently part of a trial or under probation of any kind. Advocates selected by the court will most often be the Accused direct superior as they have the best chance of understanding the context and individual. The Advocate's primary duties are to help the Accused understand exactly what is happening during the trial process, put together any defense the Accused may have, and present that information to the Court. The Advocate will have unrestricted access to the JAG during the course of the trial and will be kept in the loop on all formal communications. An Accused may only be permitted to represent themselves with the express permission of the JAG.

2. Court Martial

2.1 – Jurisdiction and Penalties

The Court Martial is presided over by the JAG and does not require a jury. The jurisdiction of a Court Martial includes any charge listed within these EH AoWs. Penalties for application are those as laid out for individual charges.

3. Court Procedures

3.1 - Preliminary Actions

Prior to a case coming to trial, a complaint is generally made to a member of the EHCS or another command element within a Subgroup, such as a Code of Conduct (CoC) breach or more general complaint regarding conduct. The COMM will be directed by the FC/XO to conduct an investigation of the issue and determine if charges are warranted. Investigation may identify that there are no grounds for a trial, as a matter has been resolved at the lowest level already (such as formal action for a CoC breach or action by line management). In the case of there being valid charges, the COMM should compile all the evidence relating to the incident, draft appropriate charges and advise the FC/XO that charges are to be laid. When a JAG is selected it is then that these charges are formally submitted to the Court.

3.2 - Opening the Trial

Upon the selection of a JAG and receipt of charges, the trial case is opened. The JAG will send out an e-mail or message to the Accused alerting them of the charge(s). The Accused has 72 hours to reply with a plea of "guilty" or "not guilty" and provide the name of their Advocate or request permission to represent themselves. If no plea is received in that period, a plea of "not guilty" will automatically be entered and the JAG will assign an Advocate to represent the Accused.

3.2.1 - Right of Challenge

At this stage, the Accused and their Advocate has the right to challenge the Court Officers selected for their case. The most common grounds for this would be the Accused believing they would not get a fair trial with the current selection of Court Officers. If the Judge Advocate General is challenged, the review of this goes to the FC or XO - where the latter is involved as a Court Officer only the FC may review the JAG selection. In any situation, if it is decided there is the possibility of bias, the challenged Court Officer is replaced. Reasons for challenge include:

- Bias towards or against the Accused

- Involvement in the case, either in reporting the original offense or being in the evidence

- A valid concern that the Court Officer is not appropriate for the case

3.2.2 - Presentation of New/Extra Evidence

During the case, the Accused and Advocate may wish to present new or extra evidence to support their case. In order to verify the truth of the submission, the Accused and Advocate must present the evidence to the JAG and Prosecutor to verify the information. Should a Prosecutor wish to introduce new or extra evidence they must also present the evidence to the JAG and Advocate to verify the information. The JAG has the power to deny submission from either the Prosecutor or Advocate if they feel the submission is not relevant in the case.

3.2.3 - Pleas of the Accused and Further Submissions

After the challenging phase, the Accused is then required to enter a plea to each charge within 48 hours. If the Accused believes they are innocent of a charge they need to work with their Advocate to provide supporting evidence or mitigating circumstances for the dismissal of the charge. The Accused can, at this time, ask the JAG any questions they may have about the judicial process. Depending on the complexity of the case, a timeline will be agreed by the Court Officers for any further submissions of evidence, discussion or similar back and forth - the JAG should ensure that any case is not unnecessarily strung out, but also that all Court Officers have fair opportunity to conclude their case. The decision of the JAG on this timeline will be final.

3.2.4 - Reaching a Verdict

After the pleas of the Accused and any further submissions, the JAG should review each charge in detail based on the evidence presented by both sides. The JAG should then formally record their verdict for each charge, as well as a reason for their decisions. In the case of charges that attract a mandatory expulsion penalty, a JAG should ensure they are fully confident in their recommendation for such before making it to the FC.

3.3 - Closing the Trial

When a final verdict is decided, all relevant parties are informed. If charges against the Accused are to be dismissed, they are formally recorded as such. Where an Accused is found guilty, the JAG is required to formally report their reasoning and state the sentence to be applied (in accordance with the Articles of War and with the support of the FC in the case of expulsion). Any formal database actions are to be immediately handled as required by the organization's responsible officers.

3.3.1 - Guidelines for Sentences

Sentences are based upon what class of offense the Accused's actions fall into. Below is a summary of the classes and example punishments:

Generally there are only two reasons for deviating from a punishment for a particular offense - mitigating or aggravating circumstances.

Examples of mitigating circumstances include:

- The Accused had an exemplary service record before the offense

- The Accused is a first time offender

- The Accused was not fully aware that their actions were wrong

- The standard punishments are recognised as unfair and/or unjust

Examples of aggravating circumstances include:

- The Accused is a repeat offender

- The Accused was aware their actions were against Emperor's Hammer rules

- The Accused showed contempt towards the court at any stage

- The offense affected a large number of members and/or hindered Emperor's Hammer operations in a significant fashion

- The offense puts the Emperor's Hammer in a bad light or tarnishes the reputation of the Emperor's Hammer

- The Accused holds a position of responsibility in the Emperor’s Hammer and the offense involves abuse of that responsibility

- Offenses that involve the violation of US law in the real world, or can be readily shown to violate the law of a member's nation

3.4 - Appeals

The Accused can appeal their sentence after the trial. Grounds for an appeal include:

- Undue bias or favoritism on the part of the investigating party or Court Officers

- Improper procedure in the investigation and execution of the case

- The charges and/or punishments were excessive or inappropriate for the crime

- The evidence was falsified, inadmissible or out of context

- New evidence has come to light

If there are grounds for appeal, the FC or XO, should the latter not have been involved as a Court Officer, may review and adjust the case result, including overturning a verdict and/or reduction of any sentencing. All parties should note that the introduction of new evidence may lead to additional charges being identified against the Accused or other members of the organisation, requiring the opening of additional court martial processes in turn, while improper procedure or bias should lead to censure of the relevant Court Officers by the FC.

3.5 - Pardons

Pardons may be granted by the FC only and from any point post-trial sentencing. Reasons for a pardon include:

- The Accused was found to be innocent or given the benefit of the doubt

- The EH membership has shown that it does not want the sentence carried out

- The Accused has been deemed rehabilitated

In the case of an expelled member being granted a pardon prior to the sentence being carried out or at any point after, a member’s profile will be reactivated with a minimum rank and a probationary period not to exceed 6 months. This period may include a restriction on promotions and appointments, at the discretion of the FC. Receipt of a pardon cannot be refused, but a member has no obligation to return.

3.6 – Executive Expulsions

Executive Expulsions are the sole prerogative of the FC and reserved for cases of clear and severe contravention of the AoW where a Court Martial process is deemed unwarranted.

The FC can impose any ban on any member for reasons that impact the safety, well being and integrity of the club. The FC should communicate this action and any rationale to the membership for transparency and to maintain good order and accountability within the organization.

Upon being Expelled a member will be banned from all primary Emperor’s Hammer Discord servers and channels, have their access to Emperor’s Hammer websites and resources removed, and have any and all Profile information contained within Emperor’s Hammer resources (rosters, databases, etc.) suspended.

In the case of an Executive Expulsion, the FC will make notice of the action in a timely manner to the Board of Trustees of the Emperor’s Hammer, Inc.

4. Offenses

4.1 - Attempts

An act, done with specific intent to commit an offense under these articles, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. This is generally a Class A or B offense.

4.2 - Conspiracy

An agreement between two or more persons to commit, or attempt to commit, an offense. This is generally a Class A or B offense.

4.3 - Disrespect towards a superior

An act towards a superior, either in the direct chain of command, or superior in rank or position, that mocks, degrades, insults or otherwise disrespects that superior. This is generally a Class A or B offense.

4.4 - Failure to obey an order

Failure to obey a written order or regulation (such as the Code of Conduct or Articles of War), a spoken or written order from a superior, follow the duties of a position or failure to enforce such orders or regulations (such as not enforcing the Code of Conduct when a channel operator). This is generally a Class B or C offense.

4.5 - Mutiny and Sedition

Willful intent to override, overthrow or disrupt the effective operation of parts of the Emperor's Hammer, either alone or with other parties, or failing to report or stop such a mutiny. This is generally a Class C offense.

4.6 - Aiding the enemy

Providing information, intelligence, protection or other services and/or materials without proper authorization to enemies (including but not limited to expelled or banned members, as well as 3rd parties) of the Emperor's Hammer. This is generally a Class C offense.

4.7 - False statements

Submission of pilot files, screenshots, fiction, graphics, records or any other file and/or document that is forged, doctored or authored/created by another party without due credit given, most often representing a violation of the Emperor’s Hammer Cheating Policy. This can also include false recommendations, references and falsified evidence for cases. This is generally a Class B or C offense.

4.8 - Provoking speech

Speech designed to provoke a response, including to insult, injure or bait the target. The speech can be on a public forum such as a Discord channel or server, or in a direct communiqué between the parties, such as Direct Messages, e-mails, etc. This is generally a Class A offense.

4.9 - Conduct unbecoming an officer

Conduct that reflects badly upon the reputation and standing of the Emperor's Hammer. This can include behavior that is immoral, rude, insulting, etc. This is generally a Class A or B offense.

4.10 - Abuse of Power

An act that involves the use of power to further a vendetta against a member, such as the blocking of promotions, awards, appointments, vilifying that member, damaging their reputation and/or prospects of a position, promotion or award. The abuse can also involve unnatural favoritism towards an associate. Abuse of Power can also constitute excessive and unjust kicks or bans from EH Discord channels or servers. This is generally a Class C offense.

4.11 - Electronic warfare

The unapproved attack, entry or infiltration of computer systems, via methods such as hacking, viruses, denial of service attacks. Providing information on performing such acts also attracts this charge. It should be noted that such activity is also a criminal offense in many nations. This is generally a Class C offense.

4.12 - Vilifying Speech**

Demeaning or harassing speech based upon a member's race, gender, religion, sexual orientation, any mental and/or physical disabilities or illnesses. It should be noted that in some countries, such speech is a criminal offense. This is generally a Class C offense.

4.13 - Intimidation

The use of threats, such as threats of physical violence, hacking, damaging of a member's career/advancement or a general threat. This is generally a Class B or C offense.

4.14 - Extortion/Blackmail

Extortion of another member for personal gain or gain of a third party. This is generally a Class C offense.

Articles of War last updated: 20 May 2025 (HA La’an)

Revision History:

- 9 May 2026: Formatting updated/posted (IO/HA Turtle Jerrar)

- 20 May 2025: Final Issue v3.0 (CA:XO/HA Jarek La’an)

- 20 April 2025: Minor Edits (FC/GA Rapier)

- 2 February 2025: Draft v3.0 (COMM/HA Jarek La'an)

- 12 January 2022: Conversion of formatting to Markdown (IO/FA Turtle Jerrar)

- 11 November 2008: v2.0 - Final Public