Conduct prejudicial to good order and discipline

Conduct prejudicial to good order and discipline is an offence against military law in many countries. It has existed in military law since before the 17th century and is an important offence which functions as a catch-all to criminalise offences against military order which are not specified elsewhere.

The offence of "conduct prejudicial to good order and discipline" has been described as one of the offences that forms the "hardcore of military law". The offence is present in the military law of many countries and is often considered a offence to criminalise misconduct that is not specified elsewhere.

This kind of offence was first introduced to English military law in the 17th century, the law having previously been "minute in its details" with no catch-all article. However such articles were found in continental military law such as the Swedish Articles of Gustavus Adolphus issued in 1621 which allowed for "whatsoever is not contained in these articles, and is repugnant to military discipline ... shall the several commanders make good, or see severally punished". A form of this catch-all article was introduced to England in the Articles of War for 1625 which stated that "all other disorders whatsoever are to be punished, as these formerly nominated". This had been expanded on in the 1627 articles stated that "all other abuses and offences not specified in these orders shall be punished according to the discipline of war and opinions of such officers and others shall be called to make a Councell of Warr".

The article took on something of its modern form in 1642 when the Earl of Essex's Articles of War stated that "all other faults, disorders and offences, not mentioned in these articles, shall be punished according to the general customs and laws of war". The "conduct to the prejudice" concept was introduced at some point after 1700. By the late 18th century the offence had become article 23 of the British military law and allowed for the punishment of "all disorders or neglects ... to the prejudice of good order and military discipline". This part of British military law was adopted by the Continental Congress for use in the military of the United States in 1775. By 1835 the article was commonly known as the "Devil's article" within the British Army.

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