Military justice
52 Articles
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…
Episode 45 of the National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?
Has it only been a week? Yeesh. Well, we are back! In this episode, Bobby Chesney and I focus on three topics: The Mueller investigation and the prospect that Mike Flynn…
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…