Military Justice

U.S. Air Force/Airman 1st Class Grace Lee

The U.S. military retains legal jurisdiction over members of the armed services and prisoners of war, as well as--more controversially--unlawful combatants and those who contest their status as combatants.  In the years after 9/11, much of the discussion on military justice has focused on the use of military jurisdiction to detain and try suspected combatants. However, issues such as sexual assault within the armed forces and the high-profile court-martial of Pfc. Chelsea Manning continue to remind us that questions of military justice are not confined to military detentions and commissions--indeed, far from it.

 

Latest in Military Justice

Military Justice

Experts Recommend Changes to Structure of Military Justice System

Experts in military justice on Monday submitted a report to the Senate and House Committees on Armed Services arguing that the Defense Department should alter the command-based structure of the military justice system by removing the authority of commanders to determine in individual cases whether felony-level charges are brought. Under their proposal, military prosecutorial discretion to decide whether to charge a defendant with a felony would be vested in a high-level Judge Advocate General officer outside of the chain of command.

The Ukraine Connection

What Lt. Col. Vindman’s Testimony Says About Civil-Military Relations and Military Justice

Some commentators have advocated for the National Security Council staffer to be court-martialed for obeying a congressional subpoena over the objection of the executive branch. But there are a number of problems with this argument.

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