Military justice
46 Articles
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…
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…
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…
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.
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…
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…
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…
“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.
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…
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…
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…