Alleged torturer gets pension
Global Military Justice Reform
by Eugene R. Fidell
19h ago
The decision of the High Court of Kenya in the case of an officer prosecuted for torturing a prisoner is not yet available, but some of the factual details and legal background can be found in this news report. Excerpt: Justice Jemimah Keli from Bungoma acknowledged that the rights of the officer, who has participated in multiple peacekeeping missions in Sudan and Somalia, were disregarded to expedite the process of holding the officers involved in the spy's torture accountable, as stated in a letter from Brigadier Mohamed Nur Hassan. The judge also observed that the quick resolution of Mule ..read more
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They're back
Global Military Justice Reform
by Eugene R. Fidell
3d ago
Yes, the Supreme Court of Pakistan is back, again dealing with the hot mess of Intra-Court Appeals in the case concerning the military trials of civilians. Dawn has this detailed report. Everything seems up for grabs. For example: At the outset of the hearing, Justice Khawaja’s counsel objected to the size of the bench. “103 suspects are in custody. Their families want to be included in the case proceedings,” Ahmed said, urging the court to allow the suspects’ families to be present for the proceedings. To this, Justice Khan replied that the courtroom was fully occupied, adding, “There ..read more
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Military justice training: which laws?
Global Military Justice Reform
by Frank Rosenblatt
1w ago
A yawning gap is emerging in how military justice is trained globally. While military justice is based on domestic laws that obviously vary from country to country, underlying military justice are tenets of international law that govern conduct in war and basic standards of judicial tribunals. Sources of this law include international humanitarian law, international human rights law, and international criminal law.  Countries such as the United States that are not members of the Rome Statute Some countries tend to deemphasize instruction in international criminal law.  On the other h ..read more
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De-CAAF anyone?
Global Military Justice Reform
by Eugene R. Fidell
1w ago
Last year, the Editor wrote an article titled The Case for Termination of the United States Court of Appeals for the Armed Forces. Naval reservist Gregory R. Hargis has responded with A Bridge Too Far: Terminating the United States Court of Appeals for the Armed Forces Would Harm National Security and Cause Inefficient Administration of Military and Civilian Justice. See what you think ..read more
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March 17
Global Military Justice Reform
by Eugene R. Fidell
1w ago
 Happy Evacuation Day! (British friends: no hard feelings, eh ..read more
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Short-term punishment units in the World War II Wehrmacht
Global Military Justice Reform
by Eugene R. Fidell
1w ago
This article by Mel Hecker and Geoffrey P. Megargee from volume 4 of the U.S. Holocaust Memorial Museum's Encyclopedia of Camps and Ghettos, 1933-1945 (Indiana U. Press 2022), tells the tale. Fifteen hours' hard work per day in summer; 12 in winter. The alternatives were grimmer ..read more
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An era of change
Global Military Justice Reform
by Eugene R. Fidell
1w ago
"It is true that the '[Courts of Criminal Appeals (CCAs)] are presumed to know the law and [to] follow it.' United States v. Chin, 75 M.J. 220, 223 (C.A.A.F. 2016). However, this can be a hazardous legal path to tread when, as here, the CCAs are applying a new statutory provision. We have entered an era where there are many changes afoot in the military justice system. Mischief will result if this Court fails not only to provide crisp, clear guidance to the CCAs about the practical effects of those changes, but also if it fails to ensure that the CCAs are scrupulously adhering to the leg ..read more
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S. Korea shifts to civilian prosecutions
Global Military Justice Reform
by Phil Cave
2w ago
Reuters reports that: Sex crimes and homicides committed by members of South Korea's military will be tried in civilian courts under a new law passed on Tuesday, sparked by multiple scandals and victim suicides. Activists and victims had accused South Korea's powerful military of standing in the way of previous efforts to reduce the power commanders have over the process, but reform efforts gathered steam https://www.reuters.com/article/us-southkorea-abuse-military-idCAKCN2E60T6 after a series of deaths and prominent crimes. Under the revised Military Court Act, all sex crimes, as well as ..read more
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Do we mean what Art. 88, UCMJ says?
Global Military Justice Reform
by Eugene R. Fidell
2w ago
If the U.S. Congress does not want former military officers wading into the political fray unless they formally declare their candidacy for elected office, then current Article 88 UCMJ provisions concerning criticism of the president should be enforced, rather than be dead letter law for retirees. Otherwise, active-duty military members will feel empowered to denounce political leadership due to the norm-erosion of recently retired military leaders criticizing American leaders. If rule of law and its credibility matter in modern society, retired military officers should be legally required to ..read more
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GAO on USCG
Global Military Justice Reform
by Eugene R. Fidell
2w ago
The Government Accountability Office's latest testimony on U.S. Coast Guard efforts to address sexual assault and harassment can be found here ..read more
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