Let’s Stop Being Cavalier About Civilian Control of the Military
Lawfare » Military Justice
by pfeaver
1y ago
An open letter by former secretaries of defense and chairmen of the Joint Chiefs of Staff represents a remarkable consensus on what core principles of civil-military relations are necessary for maintaining the rule of law ..read more
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The Division of Authority Between the Special Trial Counsel and Commanders Under the Uniform Code of Military Justice: Planning Now for the Next Phase of Reform
Lawfare » Military Justice
by pcave
2y ago
In late 2021, Congress reformed the military justice system in a way that materially alters the traditional division of prosecutorial responsibility between nonlawyer military commanders and uniformed lawyers. Now that the dust has settled, it is important to take stock of the reforms agreed upon, and the ones left out ..read more
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Biden Signs Executive Order Making Sexual Harassment an Offense Under the UCMJ
Lawfare » Military Justice
by rkurup
2y ago
Prior to the order, there was no charge for sexual harassment under military law; instead, it was prosecuted under various sections of the UCMJ ..read more
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What the FY 2022 NDAA Does, and Does Not Do, to Military Justice
Lawfare » Military Justice
by dmaurer
2y ago
The President just signed the FY 2022 NDAA bill after contentious debate throughout Congress. But what reforms does it actually make (and what does it not change at all ..read more
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‘The Politics of Truth’: The U.K. Overseas Operations Act and Legislation on Northern Ireland Legacy
Lawfare » Military Justice
by hevans
2y ago
Two recent moves to “protect” veterans from “lawfare”—the Overseas Operations Act and a command paper on Northern Ireland legacy—illustrate its attempts to strike a balance between impunity and accountability ..read more
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The Biden Administration Joins the Military Justice Reform Debate as It Heats Up in the Senate
Lawfare » Military Justice
by mparadis
2y ago
The Biden Administration has joined the debate over how profoundly the military justice system should be reformed as the Senate is divided.   ..read more
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Pentagon Releases Independent Review Commission Findings on Sexual Assault in the Military
Lawfare » Military Justice
by rkurup
3y ago
The 300-page report assesses the military’s handling of sexual assault and makes more than 80 recommendations to prevent sexual assault and move sexual assault prosecutions outside the chain of command.  ..read more
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American Democracy, Coups and Retired Generals
Lawfare » Military Justice
by rvanlandingham
3y ago
Calls to try former senior military officials by court-martial for their public political comments demand contextualization as well as condemnation ..read more
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The Military Justice Improvement and Increasing Prevention Act: Are the Solutions Commensurate with the Problem?
Lawfare » Military Justice
by jjohnson
3y ago
The bill in its current form reshapes military justice far beyond the context of sexual assault. Congress should take care to fashion a solution commensurate with the problem at hand, and not go too far.  ..read more
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Lawfare Live: Combating Sexual Assault in the Military
Lawfare » Military Justice
by bklehm
3y ago
Join us for a discussion about the most ambitious legislative effort to date for combating the prevalence of sexual assault in the military ..read more
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