Court-martial
A court-martial or court martial (plural courts-martial or courts martial, as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants.[1][2]
This article is about the formal application of military law and justice. For the summary form of military justice, see drumhead court-martial.Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. Most military forces maintain a judicial system that tries defendants for breaches of military discipline. Some countries like France have no courts-martial in times of peace and use civilian courts instead.[3]
Composition[edit]
Usually, a court-martial takes the form of a trial with a presiding judge, a prosecutor and a defense attorney (all trained lawyers as well as officers). The precise format varies from one country to another and may also depend on the severity of the accusation.
Jurisdiction[edit]
Courts-martial have the authority to try a wide range of military offences, many of which closely resemble civilian crimes like fraud, theft or perjury. Others, like cowardice, desertion, and insubordination, are purely military crimes. Military offences are defined in the Armed Forces Act 2006 for members of the British Military. Regulations for the Canadian Forces are found in the Queen's Regulations and Orders as well as the National Defence Act. For members of the United States Armed Forces offenses are covered under the Uniform Code of Military Justice (UCMJ). These offences, as well as their corresponding punishments and instructions on how to conduct a court-martial, are explained in detail based on each country and/or service.
By country[edit]
Canada[edit]
In Canada, there is a two-tier military trial system. Summary trials are presided over by superior officers, while more significant matters are heard by courts martial, which are presided over by independent military judges serving under the independent Office of the Chief Military Judge. Appeals are heard by the Court Martial Appeal Court of Canada. Capital punishment in Canada was abolished generally in 1976, and for military offences in 1998. Harold Pringle was the last Canadian soldier executed pursuant to a court martial, in 1945, having been convicted of murder.[6]
Fictional examples[edit]
In Herman Melville's novella Billy Budd (first published 1924), the title character is convicted at a drumhead court-martial of striking and killing his superior officer on board HMS Indomitable, is sentenced to death, and is hanged. The novella has been adapted for the stage, film and television; notably in Benjamin Britten's 1951 opera Billy Budd.
In C.S. Forester's 1938 novel Flying Colours, Captain Horatio Hornblower is court-martialled for the loss of HMS Sutherland. He is "most honourably acquitted".
In Michael Morpurgo's novel Private Peaceful, the main character of "Tommo" reflects on the childhoods of himself and his brother, Charlie as Charlie awaits a court martial during WWI, which he receives at the end of the story for disobeying orders and cowardice in the face of the enemy.
Several courts-martial occur in the British naval TV series Warship, including notably that of Lieutenant Palfrey, a Royal Marines officer accused of killing a foreign officer during a military exercise, and that of Fleet Air Arm pilot Edward Glenn, brother of Alan Glenn, one the principal characters, charged with a range of offences relating to a dangerous flight manœuvre.
In the Star Trek: The Next Generation episode "The Battle" it was stated that, as the loss of a starship was a court martial offense, Picard was court-martialled for the loss of the Stargazer, zealously prosecuted by Phillipa Louvois. In the end, he was absolved of all charges.
The 1992 movie A Few Good Men (and the play on which it was based) deals almost entirely with the court martial of two enlisted Marines.
In the 2008 to 2014 sci-fiction animated TV show "Star Wars: The Clone Wars's 2011 fourth season's episode "Plan of Dissent" clone troopers Fives and Jesse, both serving in the Grand Army of the Republic, act against orders from their acting superior in a war situation and in revenge are threatened with court-martial and consequent execution. They found themselves court-martialed and about to be executed by firing squad in the next episode, although the final execution did not happen despite them being found guilty