Military justice
52 Articles

Thoughts for Judge Advocates in Challenging Times
Former JAGs provide principles to guide U.S. military lawyers as the U.S. armed forces faces unprecedented legal and ethical pressures.

The Armed Forces Need the Military Justice Review Panel
Rather than some new handcrafted DoD entity, it is crucial that the Military Justice Review Panel (MJRP) be restored as required under statute.

When War Crimes Rhetoric Becomes Battlefield Reality: The Slippery Slope to Total War on Iran
Former JAGs warn that threats to strike Iran’s power plants would violate the law of war and endanger U.S. service members’ legal and moral obligations.

Military Law on “Contemptuous Words” Should be Reformed
A possible line of defense for the Uniform Code of Military Justice prohibition on contemptuous words.

Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.

Soldiers in Robes: Why Military Lawyers Can Not and Should Not Serve as Immigration Judges
DOJ’s recent decision to appoint several military lawyers, or JAGs, to serve as immigration judges is not only against the law, but a bad idea.

The Just Security Podcast: Murder on the High Seas Part II — What We Know about U.S. Vessel Strikes One Month In
Tess Bridgeman and Rachel Goldbrenner are joined by Rebecca Ingber and Brian Finucane to analyze the facts, the law, and implications of U.S. killings in the Caribbean.

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.