Article 77 — Military State of Necessity.

(1) An act done by an officer of a superior rank in active service to maintain discipline or secure the requisite obedience in the case of a military danger and in particular in the case of a mutiny or in the face of the enemy shall not be punishable if the act was the only means, in the circumstances, of obtaining obedience. (2) Where the officer exceeded what was required in the circumstances the Court shall, without restriction, reduce the penalty (Art. 180) or, if the circumstances were of a particularly impelling nature, may impose no punishment.