Military justice

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46 Articles
Gavel And Dog Tag On American Flag

Who Should Decide: Prosecutorial Discretion and Military Justice

The American military has operated under a separate justice system since before the signing of the United States Constitution. The distinct character of military society drives…
A demonstrator walks in front of a row of military police members wearing riot gear as they push back demonstrators outside of the White House, June 1, 2020 in Washington D.C.

The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest

Top Expert Backgrounder: How the code of military justice applies to National Guard and other military personnel responding to protests. What must they do if the president issues…
The entrance near the new courtroom at Guantanamo Bay, Cuba.

Jurisdiction at Guantanamo: The Case of Long-Term Complicity

The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
A Lego Rube Goldberg machine at the Maker Faire 2009 in San Mateo, California.

Rube Goldberg and Military Justice

The decisional layer cake that Congress has put in place over the years, including on sexual assault, is rife with potential for yet more command influence.
Gavel And Dog Tag On American Flag

Military Justice Reform, the 2020 Pledge, and the President’s Power

A pledge by presidential candidates is necessary but more could be done. The next Congress should prioritize the independent military prosecutor measure. Failing that, a president…
Members of the 7th Armoured Brigade, who have recently returned from service on operations in Iraq, march through Parliament Square towards the Houses of Parliament on February 23, 2009 in London.

U.K. Proposes to Limit Accountability for Violations by Armed Forces

The British government is considering an unprecedented and comprehensive package of measures designed to shield both individual members of the Armed Forces and the Ministry of…
U.S. Secretary of the Navy Richard Spencer (L) talks to Chief of Naval Operations Adm. John Richardson (R) prior to a hearing before Senate Armed Services Committee September 19, 2017 on Capitol Hill in Washington, DC.

The Spencer Standoff with Trump over Gallagher Distracts from the Navy’s Real Problems

Focusing on Trump’s many faults in the Gallagher case obscures something even more troubling: the Navy has serious problems right now and its former leader, recently fired Secretary…
Canadian United Nations soldiers prepare to move out of a base in Gao on August 1, 2018, to take part in an operation during the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA).

“Fiat Justitia”: Implications of a Canadian Military Justice Decision for International Justice

A watershed ruling by Canada's Supreme Court sheds light on compliance of military justice systems with human rights norms.
An empty courtroom

The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code

"The news that President Trump is even considering such action is unlike conduct by any President in modern history, and the danger it poses to the rule of law is staggering. Such…
Military justice image

Sticking It To Yourself: Preemptive Pardons for Battlefield Crimes Undercut Military Justice and Military Effectiveness

Chris Jenks served as Special Counsel to the General Counsel of the Department of Defense (2017-2018) where he was awarded the Office of the Secretary of Defense Medal for Exceptional…
Canada's Prime Minister Justin Trudeau looks at military equipment as he meets with NATO battle group troops in Adazi, Latvia, July 10, 2018.

Canadian Supreme Court’s Chance to Reform Its Military Justice System

An upcoming Canadian Supreme Court decision may force significant changes to Canada’s military justice system.

What the Law of Military Obedience Can (and Can’t) Do–What Happens if a President’s Orders are Unlawful?

A proposal to bring back waterboarding and a “hell of a lot worse.” The possible suggestion that members of the military should intentionally target terrorists’ civilian…
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