Uniform Code of Military Justice
45 Articles
Why We Prosecute Wartime Misconduct
President Trump never pardoned Robert Bales, despite a strong push to do so. Any clemency for him would have resulted in manifest injustice to not just Bales’ victims, but to…
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…
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Wrestling with Legal and Illegal Orders in the Military in the Months Ahead
Given what we’ve witnessed over the last few months, armed forces should critically review their training for both judge advocates and commanders, including the development and…
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…
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.
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…
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…