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
These cases are fact specific and frequently are considerably more complicated than they might seem at first blush.
President Trump is considering clemency for accused and convicted war criminals. We have been here before. Here’s how a military prosecutor handled Richard Nixon’s intervention in an infamous 1971 war crimes case.
The justices should agree to hear Larrabee v. United States, on whether retired service members can be tried by military courts for offenses committed after leaving active duty.
Civilian oversight of the military justice system is a critical aspect of the civilian control of the armed forces, which is essential to a democracy.
Golsteyn’s case highlights the tension between the Commander-in-Chief Clause and the Take Care Clause.
Arguments and implications that the parties—and the court—missed in Ortiz v. United States.
What the court said in Friday's ruling on dual officeholding.
On Friday, the Supreme Court ruled in Ortiz v. United States that military judges’ service on two military courts is not in violation of the Constitution’s dual-officeholder ban. The full opinion is below.
Documents from the three cases that the Supreme Court consolidated and accepted on Thursday as Dalmazzi v. United States.
The Supreme Court said Thursday it would hear a consolidated case concerning whether active-duty military officers can serve as judges on the Court of Military Commission Review. Lawfare published this piece last week on the three petitions before the court and their potential implications.