Military justice
52 Articles
Military Personnel and the Putsch at the U.S. Capitol
If active duty, reserve, retired, or former military personnel participated in the Jan. 6 Capitol attack, how should they be held accountable? Courts martial may be available for…
Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War
Editor’s note: Originally published on May 25, 2019; with an author’s note published on Dec. 24, 2020. Author’s note, Dec. 24, 2020: Not all corrupt pardons…
Five Years On: Military Accountability and the Attack on the MSF Trauma Center in Kunduz
On the fifth anniversary of the tragic attack by the U.S. military on the Médicins Sans Frontières (MSF) trauma center in Kunduz, Afghanistan, a former U.S. military legal adviser…
Asserting Their Jewish Identity: My Mother’s Testimony in the First Nazi War Crimes Trial, 75 Years Ago
A prosecutor in the Belsen Trial initially obscured the specific identity of the victims. That would change dramatically by the end.
Déjà Vu All Over Again: Racial Disparity in the Military Justice System
Fifty years ago, a task force seeking to determine the nature and extent of racial disparities in the U.S. military justice system, grappled with many of the same questions that…
A Solution in Search of a Problem: The Dangerous Invalidity of Divesting Military Commanders of Disposition Authority for Military Criminal Offenses
Introducing an Open Letter from former U.S. Military Commanders and Judge Advocates to the Committees on Armed Services of the U.S. Senate and the House of Representatives.
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…