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
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.
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.
Prior to the order, there was no charge for sexual harassment under military law; instead, it was prosecuted under various sections of the UCMJ.
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)?
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.
The Biden Administration has joined the debate over how profoundly the military justice system should be reformed as the Senate is divided.
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.
Calls to try former senior military officials by court-martial for their public political comments demand contextualization as well as condemnation.
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.
Join us for a discussion about the most ambitious legislative effort to date for combating the prevalence of sexual assault in the military.