Article 43 of the UCMJ concerns statue of limitations. In regards to nonjudicial punishment, under Article 15, the accused cannot be punished if the offense was committed more than two years from the date of the Article 15 action.
Statute of limitations is tolled when the summary court-martial convening authority receives the sworn charges. See UCMJ art. 43(b)(1). Offenses without a statute of limitations. UCMJ art. 43(a). Offenses without a statute of limitations include: absence without leave, missing movement in a time of war; murder, rape and rape of a child, and any offense punishable by death.
In Article 43, UCMJ (10 U.S.C. § 843), Congress set out the statute of limitations with respect to offenses under the Uniform Code of Military Justice.
In Article 29 of the Rome Statute of the International Criminal Court, genocide, crimes against humanity and war crimes "shall not be subject to any statute of limitations". Australia The Limitations Act of 1958 allows 12 years for child survivors and the disabled to make a claim, with age 37 the latest at which a claim can be made.
ARTICLE 43. Statute of limitations … I always felt cheated. does the statue of limitations apply during war in this type of case, and because it was military NIS …
After 10 August 1964, hostilities in Vietnam constituted “in time of war” for suspension of the statute of limitations. United States v. Anderson , 38 C.M.R. 386 (C.M.A. 1968).
Military courts had stood by previous precedent though, allowing cases that previously had no statue of limitations to continue to be charged. But in February, the Court of Appeals for the Armed Forces, or CAAF, ruled against precedent, setting the statute of limitations on rape cases at five years.
Art. 43. Statute of limitations (a) … When the United States is at war, the running of any statute of limitations applicable to any … of the Military Justice Act …
Recoupment of Overdue Former Spouse Military Retired Pay or … suit for breach of fiduciary duty carries a four year statute of limitations 3. … Due-on-Sale …
Supreme Court Clarifies Statute of Limitations … when Congress has enacted a specific authorization for the use of military force … times of war or …