Military justice
45 Articles

Your Tweet is My Command
My friend Phil Carter has written an excellent piece for Slate, pointing out the institutional dangers of disregarding President Trump’s recent series of tweets that…

U.S. Military Justice and “Operational Mishaps”: A Primer
As the tempo and intensity of United States military operations increases, the likelihood of operational mishaps increases as well. These mishaps – an anodyne term that cannot…

Military Justice and Its Reform
Congress is examining a significant Obama administration legislative proposal concerning military justice. The proposal provides an occasion to think not only about what ought…

Serial Angst
I’m one of the many who loved the first season of Serial — the Peabody Award-winning podcast spun off from NPR’s This American Life. It wasn’t just that the case of Adnan…

McCain’s Hearing Threat and the Bergdahl Court-Martial
Last month, Sen. John McCain (R-Ariz.), chair of the Senate Armed Services Committee, stated his opinion that Army Sgt. Bowe Bergdahl, who is currently facing charges before a…

Public Access to Military Trials: The Increasingly Strange Case of Sergeant Bergdahl
I still don’t know what to make of the government’s case against Sergeant Bowe Bergdahl (of Taliban detainee transfer fame) for charges of desertion and misbehavior before…

The Alarming Gaps in Military Appellate Review
We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…

New Submission on US Military Justice Noncompliance with the ICCPR
Three legal experts (Eugene R. Fidell, Elizabeth L. Hillman, and Nancy Duff Campbell) and two organizations (Amnesty International and The International Commission of Jurists)…

Joint Chiefs of Staff: Bergdahl exchange vital to keeping faith with American service members
All seven members of the Joint Chiefs of Staff have written a separate letter to the Chair of the Senate Armed Services Committee stating their support for the exchange of the…