Military justice
45 Articles
US Servicemembers’ Exposure to Criminal Liability for Lethal Strikes on Narcoterrorists
Analysis by former career judge advocate officer and former court-martial prosecutor.
Could Trump Use the Uniform Code of Military Justice to Stifle the Protected Speech of Military Retirees?
The concerns expressed about the possible application of UCMJ's Article 88 to the protected speech of retired military officers aren't theoretical.
The Many Ways in Which the September 2 Caribbean Strike was Unlawful … and the Grave Line the Military Has Crossed
A deep dive into US domestic authority and law most relevant to the US strike on alleged Venezuelan drug boat.
How the Pentagon Personnel Firings Threaten Our Apolitical Military
This unprecedented purge of the nation’s top brass suggests that Trump may attempt to fill these roles with officers he perceives as loyal.
How Much (or How Little) Does the Biden Administration Want Justice in the 9/11 Case?
Secretary of Defense Austin's actions to reverse a plea deal for three defendants at Guantanamo may further jeopardize the prosecution's case.
Equal Access to the Supreme Court for Servicemembers: The Missing Pieces
What Congress can do to complete the job of putting military and civilian cases on an equal footing in accessing the Supreme Court.
Train Wreck at Guantánamo
Leading expert on military justice analyzes the extraordinary turn of events in on again, off again plea deals in 9/11 military commissions cases, and what should happen next.
The U.S. Military Moves Closer to Just Military Justice – But More Work Remains
Reforms that just took effect at the end of 2023 mark an important step in the right direction, but further reforms – and careful attention to how they are implemented – will…
The Military Justice Provisions of the National Defense Authorization Act for Fiscal Year 2024: Better Late Than Never
Top expert on military justice explains key new provisions in law Congress just passed, and what's missing. National Defense Authorization Act of 2024 (NDAA).
The House Closed a Key Loophole in Court-Martial Appeals. Will the Senate Follow?
The Senate should support the draft NDAA section that finally drops unfair limitations on GI access to the United States' highest court.
The Military Justice Provisions of the National Defense Authorization Act for Fiscal Year 2023
"There’s bad news and good news" for military justice reform and "a wake-up call for all the players to put on their long-range thinking caps."
FY22 NDAA: A Missed Opportunity to Improve Military Justice
The draft FY22 NDAA disappoints with watered-down military justice reform provisions.