Military justice is the body of laws and procedures governing members of the armed forces The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their governing body, and to defend that body and the nation it represents from external aggressors. In some countries paramilitary forces are included in a nation's armed forces. Armed. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offences committed by their armed forces in some circumstances.

Military justice is distinct from the imposition of military authority on a civilian population as a substitute for civil authority. This condition is generally termed martial law Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis—usually only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law becomes widespread. In most cases,, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared and enforced.

Contents

Canada

All Commands of the Canadian Forces The Canadian Forces (French: Forces canadiennes; FC), officially the Canadian Armed Forces (French: Forces armées canadiennes), are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the (CF) (that is, Maritime Command, Land Force Command, Air Command, Operational Support Command, Expeditionary Force Command, Special Operations Forces Command, and Canada Command) are primarily governed by the National Defence Act The National Defence Act is the primary enabling legislation for organizing and funding Canada's military (NDA). Section 12 of the NDA authorizes the Governor In Council's creation of the Queen's Regulations and Orders (QR&Os). The QR&Os are subordinate legislation having the force of law. Since the principle of delegatus non potest delegare In constitutional and administrative law, the principle delegata potestas non potest delegari states that ‘no delegated powers can be further delegated’. Alternatively, it can be stated delegatus non potest delegare, ‘one to whom power is delegated cannot himself further delegate that power’. This principle is present in several has not achieved rigid standing in Canada, the QR&Os authorize other military officials to generate orders having similar, but not equal, status. These instruments can be found in the Canadian Forces Administrative Orders and Defence Administrative Orders and Directives; they are used as direction for authorities within the CF to administer the day-to-day considerations of the Forces.

A JAG has headed the Canadian military legal branch since before the First World War World War I was a military conflict centered on Europe that began in the summer of 1914. The fighting ended in late 1918. This conflict involved most of the world's great powers, assembled in two opposing alliances: the Allies and the Central Powers. More than 70 million military personnel, including 60 million Europeans, were mobilized in one of. The branch interprets the Canadian Forces The Canadian Forces (French: Forces canadiennes; FC), officially the Canadian Armed Forces (French: Forces armées canadiennes), are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the' own internal rules and code of discipline, and also international and humanitarian laws and codes of war, such as the Geneva Conventions The Geneva Conventions comprise four treaties and three additional protocols that set the standards in international law for humanitarian treatment of the victims of war. The singular term Geneva Convention refers to the agreements of 1949, negotiated in the aftermath of World War II, updating the terms of the first three treaties and adding a. In Canadian practice, armed combat is a strictly regulated environment and legal officers are a crucial part of the planning that goes into operational decisions. The Military Law Centre on the grounds of Royal Military College of Canada The Royal Military College of Canada , is the military academy of the Canadian Forces, and is a degree-granting university. RMC is the only federal institution in Canada with degree granting powers. Located on Point Frederick, a 41-hectare peninsula in Kingston, Ontario, the college is a blend of older, historic buildings and modern academic,, staffed with military lawyers, oversees the education of officers and troops in legal matters, trains military lawyers and advises Ottawa on matters of policy A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol. Whereas a policy will contain the 'what' and the 'why', procedures or protocols contain the 'what', the 'how', the ' and doctrine Doctrine is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system. The Greek analogy is the etymology of catechism. Legal education is integrated into the regular training that Canadian Forces The Canadian Forces (French: Forces canadiennes; FC), officially the Canadian Armed Forces (French: Forces armées canadiennes), are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the members undergo. [1]

India

India has its own Army Act, Navy Act and Air Force Act. These laws define the statutory provisions as applicable to men and women in uniform. All these three Acts are available on search from the official website [1]. There are certain para military forces in India too who have laws akin to the ones applicable to defence services. This includes the Border Security Force Act, Coast Guard Act, Indo Tibetan Police Force Act and the Assam Rifles Act. All such Acts draw their inspiration from the Army Act.

United Kingdom

Main article: Military Courts of the United Kingdom Main article: Offences against Military Law in the United Kingdom

The United Kingdom The United Kingdom of Great Britain and Northern Ireland[note 7] is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many small islands. Northern Ireland is the only part of the UK with a land's arrangements for justice in the armed forces dates back many centuries to their Articles of War. In the late 19th Century this were added to the annual Army Act and embodied in the Naval Discipline Act. The Air Force Act was added in 1918. In 1966 a process of harmonisation started with the introduction of a quinquennial An anniversary (from the Latin anniversarius, from the words for year and to turn, meaning turning yearly; known in English since c. 1230) is a day that commemorates and/or celebrates a past event that occurred on the same day of the year as the initial event. For example, the first event is the initial occurrence or, if planned, the inaugural of Armed Forces Act. The Armed Forces Act 2006 replaces the three separate service discipline acts and earlier Armed Forces Acts as the system of law under which the Armed Forces operate. In the previous decade the European Convention on Human Rights The European Convention on Human Rights (long title: Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe (ECHR) had considerable impact on the administration of military justice, particularly the need for the independence of the courts martial system. Nevertheless, the underlying premise of the service justice system is that discipline is a matter for commanders.

The Armed Forces Act 2006 completes the harmonisation of service law, and takes full effect on 1 November 2009. Guidance about its application and related matters are provided in the Manual of Service Law.[2] One motivating factor behind the changes in the legislation combining discipline acts across the armed forces is the trend towards tri-service operations and defence organisations. It deals with military offences, civil offences committed in some circumstances, offences by civilians associated with the armed forces or with the armed forces overseas (including family members), authority of Commanding Officer to deal with offences summarily, the Court Martial, the Service Civilian Court, custody and appeals. The Act also creates the post of the Director of Service Prosecutions.

Summary dealing by a Commanding Officer (CO) is the central feature, this is acceptable within the ECHR because an accused always has the right to elect trial by the Court Martial. Most cases are dealt with summarily. Typically a CO is a Lieutenant Colonel or equivalent (NATO grade OF-4), but a CO may delegate some powers of summary dealing to a subordinate. The superior officer of a CO, a Higher Authority, may vary a CO's powers of summary dealing. An implication is that every person subject to service law must have a CO, and a CO must have a Higher Authority.

The military judicial system is headed by the Judge Advocate General who is a civilian and part of the Ministry of Justice The Ministry is responsible for courts, prisons, and probation in England and Wales.

Administrative procedures enable a service man or women to be discharged for unsatisfactory behaviour in a process similar to that in the private sector. They also allow a superior of any rank to award up to three extra duties or similar to a subordinate for minor infractions. Since being introduced this has significantly reduced the number of cases dealt with summarily.

United States

See also: Judge Advocate General's Corps Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or speciality of any of the United States Armed Forces including the Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps, Coast Guard and Air Force do not maintain

The United States' Constitution authorized the creation of a system of military justice. Article I, Section 8 of the United States Constitution The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the permits the U.S. Congress to "make rules for the government and regulation of the land and naval forces." Congress has issued these rules in the form of the now-superseded Articles of War and, at present, the Uniform Code of Military Justice The Uniform Code of Military Justice , is the foundation of military law in the United States. The UCMJ applies to all members of the Uniformed services of the United States: the Air Force, Army, Coast Guard, Marine Corps, Navy, National Oceanic and Atmospheric Administration Commissioned Corps, and Public Health Service Commissioned Corps. The (UCMJ).

The UCMJ is federal law, found in (Title 10 United States Code The United States Code is a compilation and codification of the general and permanent federal law of the United States. It contains 50 titles and is published every six years by the Office of the Law Revision Counsel of the House of Representatives, Chapter 47) and implemented by the Manual for Courts-Martial, an executive order An executive order in the United States is an order issued by the President, the head of the executive branch of the federal government. In other countries, similar edicts may be known as decrees, or orders-in-council. Executive orders may also be issued at the state level by a state's Governor or at the local level by the city's Mayor. U.S issued by the President of the United States The President of the United States is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is one of only two nationally elected federal officers, the other being the Vice President of the United States in his capacity as Commander-in-Chief A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military competencies that reside in a nation-state's of the United States armed forces The United States armed forces are the overall unified military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard. Unlike the situation in the United Kingdom, civilian family members of military personnel, even if residing on base, are subject solely to the civilian justice system and not the UCMJ.

See also

References

  1. ^ The Whig Standard - Ontario, CA
  2. ^ Manual of Service Law, Ministry of Defence, Joint Service Publication (JSP) 830 , Volumes 1 - 3. Vol 1 and 2 Edition 1.0 2009

Chris Madsen, Military Law and Operations. loose-leaf publication updated 1-2 times per year. Aurora, Ontario: Canada Law Book, 2008. [2]

David A. Schlueter, Military Justice: Practice and Procedure 7th ed. (2008)

Rule of Law in Armed Conflicts Project

Law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and
Core subjects Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and Administrative law Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making · Constitutional law Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law or international rules and norms, etc · Contract In law, a contract is an agreement between two or more parties which, if it contains the elements of a valid legal agreement, is enforceable by law or by binding arbitration. A legally enforceable contract is an exchange of promises with specific legal remedies for breach. These can include compensatory remedy, whereby the defaulting party is · Criminal law Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision , or fines. There are some archetypal crimes, like murder, but the acts that are forbidden · Evidence The law of evidence governs the use of testimony and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law) · Law of obligations The Law of Obligations is one of the component private law elements of the civil law system of law. The Law of Obligations finds its origins in Roman law which is defined as a “legal tie” or “legal bond” in the Institutes of Justinian. It concerned with situations where a person has incurred a personal liability for which he is answerable · Property law Property law is the area of law that governs the various form of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate · Public international law Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond domestic legal interpretation and enforcement · Public law Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law. This theory is at odds with the concept of Constitutional law, which requires all laws to be specifically enabled, and thereby sub-divisions, of a · Restitution The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court orders restitution it orders the defendant to give · Tort A Tort is the French word for a "wrong." A tort is a civil wrong. A civil wrong is involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs · Trust law In common law legal systems, a trust is a relationship whereby property is managed by one person (or persons, or organizations) for the benefit of another. A trust is created by a settlor (or feoffor to uses), who entrusts some or all of their property to people of their choice (the trustees or feoffee to uses). The trustees hold legal title to
Other subjects Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and Admiralty law Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, shipping, · Aviation law Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also · Banking law Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines · Bankruptcy Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. Creditors may file a bankruptcy petition against a business or corporate debtor in an effort to recoup a portion of what they are owed or initiate a restructuring. In the majority of cases, however, bankruptcy is initiated by · Commercial law Commercial law is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law · Competition law Competition law, known in the United States as antitrust law, are laws that promote or maintain market competition by regulating anti-competitive conduct · Conflict of laws Conflict of laws is a set of procedural rules which determine which legal system, and the law of which jurisdiction, applies to a given dispute. The rules typically apply when a legal dispute has a "foreign" element such as a contract agreed by parties located in different countries, although the "foreign" element also exists · Consumer protection Consumer protection laws are designed to ensure fair competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of · Corporate law Corporate law is the law of the most dominant kind of business enterprise in the modern world. Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another under the internal rules of the firm · Environmental law · Family law · Human rights · Immigration law · Intellectual property · International criminal law · Labour law · Media law · Military law · Procedure (Civil · Criminal) · Product liability · Space law · Sports law · Tax law · Unjust enrichment · Wills
Legal systems Canon law · Civil law · Common law · Comparative law · Halakha · Roman law · Sharia · Socialist law · Statutory law · Xeer
Legal theory Critical legal studies · Economic analysis · History · International legal theory · Philosophy · Sociology
Legal institutions Bureaucracy · Civil society · Executive · Judiciary · Legal profession · Legislature · Military · Police · Election management body
Category · Portal
Types of justice
Retributive justice • Transformative justice • Restorative justice • Distributive justice • Global justice • Environmental justice (Spatial justice) • Social justice • Media justice • Natural/Procedural justice •Victor's justice • Poetic justice • Criminal justice • Military justice

Categories: Military supporting service occupations | Military law

Personal tools
Namespaces
Variants
Views
Actions
Navigation
Interaction
Toolbox
Print/export
Languages

 

The above information uses material from Wikipedia and is licensed under the GNU Free Documentation License.
Some facts may not have been fully verified for accuracy. [Disclaimers]
This page was last archived by our server on Tue Jul 27 06:40:41 2010. [ refresh local cache ]
Displaying this page or its contents does not use any Wikimedia Foundation's resources.
The owners of this site proudly support the Wikimedia Foundation.

[Hide]▼
'Military Law' News
Military buff fought war prisoner abuse - Tulsa World
tulsaworld.com
Military buff fought war prisoner abuse - Tulsa World
Sat, 17 Jul 2010 07:36:10 GMT+00:00
buff fought war prisoner abuse Tulsa World Eugene Fidell, a professor of military law at Yale Law School, added that "when the history of this era is written, Charlie's contribution and tenacity will ...
Google News Search: Military law,
Tue Jul 27 06:40:43 2010
'Military Law' Images
100 02701 jpg
i157.photobucket.com
100 02701 jpg
768px x 1024px | 244.60kB

[source page]

img An armed man will shoot an unarmed man with monotunous regularity

Yahoo Images Search: Military law,
Tue Jul 27 06:40:43 2010
'Military Law' Blogs
Warner Stresses Warner Stresses Experience - News, Sports, Jobs ...
theintelligencer.net
Warner Stresses Warner Stresses Experience - News, Sports, Jobs ...

unknown

Wed, 28 Jul 2010 04:00:00 GM

Warner went on to obtain master's degrees in both . military law. and international law, and wrote a thesis on trying Saddam Hussein for war crimes. His international work has taken him to more than 50 countries on six continents. ...

Google Blogs Search: Military law,
Wed Jul 28 15:17:41 2010
'Military Law' Answers
military law?
Q. my husband is in the military we have a baby. We might go into a divorice, is there any way that just because he is in the military he can take my baby?
Asked by Army_wife 4 life - Thu Jan 4 08:38:03 2007 - - 9 Answers - 0 Comments

A. I don't agree with the others stating that he has less of a chance for full custody. As long as he has a family care plan in order then he has just as good as a chance as you do.
Answered by michelle a - Thu Jan 4 10:43:39 2007

Yahoo Answers Search: Military law,
Tue Jul 27 06:40:44 2010
[Hide]▲