Military Justice at the Intersection of Counterrevolution and Corruption

2016 ◽  
Author(s):  
James Heinzen
Keyword(s):  
Effective Charge ◽  
White Collar ◽  
Sexual Deviance ◽  
Party Member ◽  
Legal Institutions ◽  
Soviet Power ◽  
High Court ◽  
Military Justice ◽  
Whole Person ◽  
The Military

This chapter concludes that it was precisely in this period of postwar Stalinism that the party perfected the accusation of bribery as a weapon. Accusations of bribery became a non-violent tool to disgrace people in the post-mass-terror state. After the war, accusation of graft, one of the mundane realities of Russian life for centuries, became one of the party and procuracy’s preferred methods of targeting the leading legal institutions and other agencies and individuals. High court judges were accused not of political crimes under article 58 but of regular white-collar crimes. This change was something of an innovation in Stalinism. An accusation of corruption was an effective way of destroying a party member. The Procuracy sought evidence that would discredit judges both professionally—through accusations of selling their office, and personally—through accusations of “clannishness,” sexual “deviance,” or other moral corruption. In the absence of the pre-war practice of using of violence to punish entire categories of imagined criminals after the war, accusations of bribery served a critical purpose; not just to discredit people as trustworthy representatives of Soviet power, but also to destroy them as carriers of revolutionary truth. Bribery was a most effective charge, because its moral and political disgrace was total; it implied the corruption of the whole person. This chapter examines a bribery scandal in the Military Collegium and the military tribunals.

scholarly journals National language issue in Soviet Azerbaijan (1920’s)

2020 ◽  
Vol 1 (1) ◽  
pp. 141-152
Author(s):  
Khagan Balayev ◽  
Keyword(s):  
Language Policy ◽  
Executive Committee ◽  
National Language ◽  
Official Language ◽  
Soviet Power ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
The Republic ◽  
The Government ◽  
The Military

On April 28, 1920, the Peoples Republic of Azerbaijan was overthrown as a result of the intrusion of the military forces of Russia and the support of the local communists, the Soviet power was established in Azerbaijan. The Revolutionary Committee of Azerbaijan and the Council of Peoples Commissars continued the language policy of the Peoples Republic of Azerbaijan. On February 28, 1921, the Revolutionary Committee of Azerbaijan issued an instruction on the application of Russian and Turkish as languages for correspondences in the government offices. On June 27, 1924, the Azerbaijani Soviet Socialist Republic executed the resolution of the second session of the Central Executive Committee of Transcaucasia and issued a decree “on the application of the official language, of the language of the majority and minority of the population in the government offices of the republic”. Article 1 of the said decree declared that the official language in the Azerbaijani Soviet Socialist Republic was Turkish.

scholarly journals Analysis of Law Enforcement to Drugs Criminal Act in Military Environment (Case Study in Jurisdiction of Military Court II/09 Bandung)

2020 ◽  
Vol 2 (4) ◽  
pp. 507
Author(s):  
Asep Suherdin ◽  
Maryanto Maryanto
Keyword(s):  
Drug Abuse ◽  
Law Enforcement ◽  
Criminal Liability ◽  
Logical Consequence ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Military Justice ◽  
Sociological Approach ◽  
The Military

The problems of this study are: 1) How is enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung? 2) How constraints and efforts to overcome the constraints of law enforcement against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from interviews with field studies Military Court II/09 Bandung, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of law enforcement, criminal liability and progressive law.Results of the discussion concluded: Enforcement of the law against members of the military in drug abuse in the jurisdiction of the Military Court II/09 Bandung executed in accordance with the applicable regulations, because the urine test is done not in accordance with regulations and charges denied by the defendant who has the right of refusal. The obstacles are the lack military justice, the need for strengthening of the system of criminal law enforcement in the military justice ahead of independent both institutionally and functionally, free from interference by other institutions outside the judiciary as a logical consequence system of a democratic constitutional state, so it is necessary No reconstruction of the existing regulation of military justice. Next to the military justice system, particularly related to the investigation should be conducted by military police consisting of the Army, Navy and Air Force, independently.Keywords: Law Enforcement; Crime; Drugs; Military Environment.

The army and the collapse of the Habsburg Monarchy in 1918

2021 ◽  
pp. 235-244
Author(s):  
Vladimir V. Mironov
Keyword(s):  
Armed Forces ◽  
Habsburg Monarchy ◽  
Military Justice ◽  
The Social ◽  
The Military ◽  
Military Units ◽  
Marxist Tradition ◽  
Russian Model ◽  
National Issue

The process of disorganization of the armed forces of Austria-Hungary in 1918 is considered through the prism of the national issue and the prospects for the further preservation of the Habsburg Monarchy. It is concluded that the military and diplomatic victories won in the early 1918 by Austria-Hungary were illusory and only put off the inevitable defeat of its army. Investigation of the first cases of mass withdrawal from obedience of military units in the spring and summer of 1918, showed that they were an interweaving of social, national-political and military reasons proper. At the same time, a serious discrepancy was revealed between Slovenian and Italian researchers in the interpretation of the reasons for the uprising in the 97th infantry regiment stationed in the Slovenian Radkersburg (Radgon). If for the former it was typical, following the Marxist tradition, to emphasize the social contradictions that led to the revolutionization of the army according to the “Russian model”, the latter praised the participants in the uprising from the Italian side as genuine national patriots. It is shown that the “shock force” of all the soldiers’ uprisings that broke out in the spring and summer of 1918 in the Austro-Hungarian army were servicemen who returned from Russian captivity in the spring of 1918, where some of them were imbued with revolutionary ideas. The conclusion is drawn about the extreme severity of military justice, which condemned many of the insurgents to death, which became the reason for deputy inquiries.

Brothers in Arms?

2021 ◽  
pp. 344-369
Author(s):  
Thomas A. Guglielmo
Keyword(s):  
World War Ii ◽  
Native Americans ◽  
Home Front ◽  
Military Leaders ◽  
Military Justice ◽  
The Pacific ◽  
The Us ◽  
The One ◽  
The Military ◽  
Race War

Chapter 9 looks at what happened to the US military’s white-nonwhite lines as American troops moved overseas during World War II. Nonblack minorities faced both bright and blurry white-nonwhite lines when deployed abroad. At times, the military remained determined to uphold distinctions between whites, on the one hand, and Asian Americans, Latin Americans, and Native Americans, on the other. This determination, evident in everything from military justice proceedings to promotion patterns, stemmed primarily from long-standing civilian investments in these distinctions and in response to the vicious race war in the Pacific with Japan. At the same time, overseas service also witnessed the continued blurring of white-nonwhite lines—the transformation of “Mexicans,” “Puerto Ricans,” “Indians,” “Filipinos,” “Chinese,” and even “Japanese” into whites’ buddies and brothers, comrades and fellow Americans, deepening a process that had begun on the home front. While this overseas blurring often emanated from day-to-day battlefield bonding, it was America’s military leaders and commanders who largely made it possible. In doing so, they narrowed the white-nonwhite divide, but also deepened the black-white one in the process.

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.

Military Justice and Chapter III: The Constitutional Basis of Courts Martial

2012 ◽  
Vol 40 (2) ◽  
pp. 161-180
Author(s):  
Jonathan Crowe ◽  
Suri Ratnapala
Keyword(s):  
Military Personnel ◽  
Judicial Power ◽  
Service Discipline ◽  
High Court ◽  
Service Personnel ◽  
Military Justice ◽  
The Third ◽  
Rules Set

The High Court has long struggled with the constitutional status of military tribunals established to hear disciplinary charges against service personnel. The Court's judgments reveal three distinct theories on this issue. The first view holds that military tribunals exercise judicial power, but not ‘the judicial power of the Commonwealth’ within the meaning of s 71 of the Constitution. The second view holds that the power in question is not judicial power at all for constitutional purposes. The third view holds that the power is ‘the judicial power of the Commonwealth’, but can be exercised by courts martial under a limited exception to the rules set out in Chapter III of the Constitution. The first view dominated the High Court's reasoning until Lane v Morrison (2009) 239 CLR 230, where the judges endorsed the second view. This article contends that the first and second views pose insuperable difficulties when placed in their broader constitutional context. The authors therefore argue for the third interpretation. They further argue that the constitutional basis for the third view strongly implies that military tribunals may only exercise jurisdiction over offences by military personnel that relate to service discipline.

Legal and Constitutional Changes in Nigeria Under the Military Government

1966 ◽  
Vol 10 (2) ◽  
pp. 92-105 ◽  
Author(s):  
E. A. Keay
Keyword(s):  
Public Service ◽  
Collective Responsibility ◽  
Military Government ◽  
High Court ◽  
The Supreme Court ◽  
Service Commission ◽  
The Military ◽  
Court Of Appeal ◽  
Public Service Commission ◽  
Constitutional Changes

Prior to the events which began on January 15th, 1966, Nigeria was a Federal country consisting of four Regions and the Federal Territory of Lagos (a small area including the capital and adjoining areas). Each Region had its own Constitution providing for a bicameral legislature; a Westminster-type ministerial system and cabinet with collective responsibility; a Regional High Court, from which restricted appeal lay to the Supreme Court of Nigeria; a Regional public service with power of appointment and dismissal vested in an independent Public Service Commission; and over all a Governor whose functions were those of a constitutional Head and carefully spelt out in the Constitution. In addition, the North's Constitution provided for the Sharia Court of Appeal, a court of status coordinate with that of the High Court and having exclusive and final appellate jurisdiction in civil cases based on Moslem family law.

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?

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