The military justice system and human rights

2000 ◽  
Vol 145 (2) ◽  
pp. 32-36
Author(s):  
James W Rant
Keyword(s):  
Human Rights ◽  
Justice System ◽  
Military Justice ◽  
The Military

scholarly journals The Right to a Fair Trial and the Military Justice System in Pakistan

2016 ◽  
Vol 7 (2) ◽  
pp. 330-362 ◽  
Author(s):  
Niaz A Shah
Keyword(s):  
Human Rights ◽  
Justice System ◽  
Fair Trial ◽  
Human Rights Law ◽  
Military Justice ◽  
British Military ◽  
The Right ◽  
The Military

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to the military justice system of Pakistan. The analysis reveals that the military justice system blatantly violates fair trial standards: it is part of the Executive and is neither independent nor impartial. It runs as a detached parallel departmental justice system to the national justice system. The author also argues that the majority judgement in the 2015 Military Courts Case did not apply the correct legal tests and wrongly held that the military justice system meets the fair trial standards. It is per in curiam. The author offers recommendations for reforming the military justice system proposing that Pakistan might learn from the successful reformation of the British military justice system.

They Ought to Be Remembered

2020 ◽  
pp. 273-278
Author(s):  
Earl J. Hess
Keyword(s):  
Justice System ◽  
West Point ◽  
Military Justice ◽  
Enlisted Men ◽  
National Hero ◽  
The Individual ◽  
The Military

The failed attacks of May 19 and 22 produced many opportunities for participants to garner honors or deserve infamy, and those incidents either strengthened the rest of their lives or haunted them forever. A number of Federals failed the test of combat and shirked their duty, but the military justice system was weak and porous at best. While some of these acts of combat failure were officially reported, little was done by the system to punish the men. Officers were allowed to resign and the process of dealing with enlisted men was rarely called into use. It was easier to allow the individual to reflect and improve in his future conduct. Sgt. Joseph E. Griffith became a national hero because of his exploit at Railroad Redoubt. In fact, Griffith eventually won an appointment to West Point where he graduated and became an officer in the U. S. Army. Fourteen-year-old Orion P. Howe of the 55th Illinois became famous for telling William T. Sherman of the need for more cartridges as he returned from the failed attack of May 19 with a slight wound. Many members of the Forlorn Hope were awarded with Congressional Medals of Honor after the war.

Introduction: Separate rules for a separate society

2016 ◽  
Author(s):  
Eugene R. Fidell
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Deal ◽  
Individual Autonomy ◽  
Political Values ◽  
Military Justice ◽  
The Military

The military represents a specialized society within society as a whole. It has a specific purpose: the achievement of military goals that are in contrast to the goals of the larger society, which are, at least in democratic countries, aimed at maximizing individual autonomy. The Introduction outlines what military justice is and explains that the nature and scope of military justice in any particular country will tell a good deal about that country’s political values. It considers several questions: How does the military justice system differ from the civilian criminal justice system? What is a court-martial? What rights does a military accused have?

scholarly journals Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia

2021 ◽  
pp. 1-9
Author(s):  
Sugeng Sutrisno
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Court System ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Law ◽  
The Military

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

Victim Behavior in a Sample of Military Sexual Assault Cases

2020 ◽  
pp. 088626052092235
Author(s):  
MAJ Karl Umbrasas
Keyword(s):  
Sexual Assault ◽  
Expert Testimony ◽  
Justice System ◽  
Public Health Problem ◽  
Forensic Evaluation ◽  
Military Justice ◽  
Military Sexual Assault ◽  
Case Files ◽  
Forensic Case ◽  
The Military

This study explored victim responses to sexual assault within a military context. Victim behavior was identified in forensic case files of service members charged with sexual assault ( N = 58) and referred for forensic evaluation or consultation. The identified victim behavior was coded and quantified for description. Of the sample 87.9% of victims were female and 12.0% of victims were male; 37.9% of the victims reported their assault in less than 1 month. Forceful resistance to the assault occurred in 15.5% of the cases. Physical injury associated with the sexual assault was absent in 96.5% of the cases. The description of victim behavior can inform forensic expert testimony on victim behavior within the military justice system while also offering empirical evidence to better understand this public health problem in the U.S. military.

The Development of Singapore’s Military Justice System

2016 ◽  
Vol 20 (3-4) ◽  
pp. 186-218
Author(s):  
Joshua Matthew Goh
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Justice System ◽  
English Court ◽  
Military Justice ◽  
The United Kingdom ◽  
European Court ◽  
Global Trend ◽  
Justice Systems ◽  
Civil Courts

The global trend towards civilianization of military justice systems has had its own unique impact on Singapore’s brand of military justice, in particular its mode of trial by General Court-Martial. This paper explores the development of Singapore’s military justice system since Singapore’s independence, comparing it to developments in the United Kingdom and Canada, two countries that have also civilianized their military justice systems with input from their civil courts, and in the case of the uk, the European Court of Human Rights. These jurisdictions provide a useful comparison on the progress of Singapore’s civilianization reform given both their shared origin of military justice in the English court-martial system and the focus of all three jurisdictions on better protecting the rights of accused servicemen.

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