MILITARY JUSTICE
JURIST legal news archive...

The foundation of [US] military law is the Constitution of the United States. The Constitution provides that Congress has responsibilities to make rules to regulate the military; it also establishes the President as Commander in Chief of the armed forces. Congress exercised its responsibilities over military justice by enacting the Uniform Code of Military Justice - the "UCMJ." The UCMJ is legislation that is contained in Title 10 of the United States Code, Sections 801 through 946. It is the military’s criminal code...[ USMC ]


Federal appeals court upholds part of Missouri funeral protest ban
April 27, 2013
The US Court of Appeals for the Eighth Circuit on Friday upheld a Missouri law that bans protests within 300 feet of funerals but struck down a second broader law that would have increased the distance at which protesters to could congregate. The challenge to the laws came from members of the Westbo....... [more]

Retrial begins against Kosovo politician accused of war crimes
April 19, 2013
The European Union Rule of Law Mission in Kosovo (EULEX) on Thursday began the retrial of Fatmir Limaj, a prominent political figure in the Democratic Party of Kosovo (PDK) and former commander of the Kosovo Liberation Army (KLA). Nine other defendants are also facing charges in the case. Limaj ple....... [more]

Congress officially established US Navy, approved building of six ships
March 27, 2013
On March 27, 1794, the Senate passed and the president signed the Navy Armament Act of 1794, officially sanctioning the US Navy. The legislation was passed after years of debate over whether or not Congress should sanction a navy for the Executive Branch to administer. The act officially permitted t....... [more]

Congo war crimes suspect denies charges in first appearance before ICC
March 26, 2013
Congolese war crimes suspect Bosco Ntaganda denied charges at his first appearance before the International Criminal Court (ICC) on Tuesday. Ntaganda is accused of 10 counts of war crimes and crimes against humanity, including murder, rape, pillage, using child soldiers and other crimes. After a cou....... [more]

Bangladesh banned all political activity following corruption arrests
March 8, 2013
On March 8, 2007, the interim government of Bangladesh issued a complete ban on all political activities, warning that the government would take "stern action" against violators. The ban was an extension of the state of emergency declared by President Iajuddin Ahmed following the arrest of 60 politi....... [more]

Mali rebels call for ICC investigation
March 7, 2013
Malian Tuareg rebels on Tuesday called on the International Criminal Court (ICC) to investigate alleged war crimes committed by Malian government forces during the recent conflict. Azawad National Liberation Movement (MNLA) announced that it has asked the ICC to investigate the alleged use of tortur....... [more]

Military judge refuses to halt USS Cole hearing
February 4, 2013
A military judge on Monday refused to halt further hearings in the 2000 USS Cole bombing trial. The chief US military judge at Guantanamo Bay Colonel James Pohl held that the defense attorney failed to present any evidence supporting allegations of eavesdropping. Lawyers for Abd al-Rahim al-Nashiri....... [more]

HRW urges Mali to investigate summary executions
February 1, 2013
Human Rights Watch (HRW) called Thursday for an investigation into summary executions by Mali forces backed by the French. HRW alleges that the Malian government has summarily executed 13 suspected Islamist supporters and forcibly disappeared an additional five. The executions by Malian authorities....... [more]

Federal judge dismissed Hurricane Katrina class action against Army Corps of Engineers
January 30, 2013
On January 30, 2008, a federal judge dismissed a class action lawsuit brought by citizens of New Orleans against the US Army Corps of Engineers, stating that a 1928 law granted them immunity from such suits. The lawsuit accused the Corps of negligence due to the collapse of a flood wall and levee as....... [more]

Judge threw out challenge to Army 'stop-loss' policy
January 24, 2013
On January 24, 2006, a federal judge dismissed a lawsuit that claimed that the US Army had fraudulently induced two individuals into enlisting in the US Army National Guard by not informing them that they could be forced to remain on active duty indefinitely. The court stated that there was no evide....... [more]

US military judge denies defense motions in 9/11, USS Cole trials
January 18, 2013
The chief US military judge at Guantanamo Bay on Thursday denied defense motions filed in both the 9/11 military commission trial and the 2000 USS Cole bombing trial. Defense counsel for accused 9/11 conspirators, including Khalid Shaikh Mohammed, filed a motion requesting that the court find that....... [more]




WEBSITES

    Manual for Courts-Martial [PDF]

    Military Judges Benchbook [PDF]

    Nat'l Inst. of Military Justice

    Military Justice [US State Department]