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

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

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.

Military Justice

‘The Politics of Truth’: The U.K. Overseas Operations Act and Legislation on Northern Ireland Legacy

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.

Military Justice

The Military Justice Improvement and Increasing Prevention Act: Are the Solutions Commensurate with the Problem?

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. 

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