Military justice
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-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 offenses committed by their armed forces in some circumstances.
This article is about legal jurisdiction over military personnel. For military jurisdiction over civilians, see martial law.Military justice is distinct from martial law, which is the imposition of military authority on a civilian population as a substitute for civil authority, 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.
Canada[edit]
All Commands of the Canadian Forces (CF) (that is, Royal Canadian Navy, Canadian Army, Royal Canadian Air Force, Canadian Joint Operations Command, and Canadian Special Operations Forces Command) are primarily governed by the National Defence Act (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 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. For example, officer cadets attending military college are organized and subject to regulations more appropriate for their academic success than the enforcement of discipline, as might be expected of fully trained members. Volume IV, Appendix 6.1 of The Queen's Regulations and Orders for the Canadian Military Colleges (QR Canmilcols) applies.
A judge advocate general (JAG) has headed the Canadian military legal branch since before the First World War. The branch interprets the Canadian Forces' own internal rules and in the Code of Service Discipline, and also international and humanitarian laws and codes of war, such as the Geneva Conventions. 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, staffed with military lawyers, oversees the education of officers and troops in legal matters, trains military lawyers and advises Ottawa on matters of policy and doctrine. Legal education is integrated into the regular training that CF members undergo.[1]
Germany[edit]
Members of any branch of the Bundeswehr, the German armed forces, are subject to the ordinary civil jurisdiction and unless otherwise stated all civil laws apply to soldiers as well.
The German constitution allows the federal government in art. 96 II to create military courts under special circumstances: in times of war, outside Germany or on a German vessel, acting under a legal judge and only for members of the armed forces. In fact, no such laws have been enacted so far.[15] Instead, suspects of crimes committed abroad are subject to the district attorney of the city of Potsdam.[16] The reason is that the operational headquarters (Einsatzführungskommando) is located there.
Nonetheless, there exist numerous acts that only concern soldiers describing their special status, their rights and duties. The military penal code (Wehrstrafgesetz) applies to soldiers by extending the civil penal code (Strafgesetzbuch) to crimes that can be only committed on military duty: General offenses (such as desertion, illegal use of weapons and more) and offenses that interfere with the military hierarchy (such as mutiny or abuse).[17]
Law enforcing inside any branch is done by the military police, the Feldjäger. When investigating, working for the attorney is equivalent to any German police in civil issues. In cases of both groups involved (on German terrain), regular and military police cooperate. In emergencies, the regular police is authorized to maintain order until the military police has arrived.
Soldiers that violate military regulations may also receive penalties in form of Non-judicial punishment or in severe cases judicial punishments by a special type of court. These procedures are defined by the military discipline code (Wehrdisziplinarordnung, WDO). The WDO describes how to proceed on offenses that are not (yet) covered by the military penal code but clearly against a military regulation. The head of the unit as immediate superior who acts as primary disciplinary master has the exclusive right to choose: non-judicial punishment (such as fines, curfews, arrests up to seven days), forwarding the decision to the next superior officer of the unit (arrest then can be extended up to 21 days) or calling the military service court (Truppendienstgericht) which has the power for further punishment (like degradation and shortening the salary up to five years). The judge of such a court is a civil one, two military officers are attending every case and act as consultants to the judge.[18]
In Germany, there are no federal or military prisons. If a soldier is sentenced to jail for up to six months, the punishment is executed by the soldier's barracks administration. He will remain in arrest for the same time but continue serving in his unit on duty times unless the court has imposed further limits.[19] Otherwise soldiers will be detained in civil state prisons. In the case of a soldier being sentenced to jail for one year or more (six months or more in case of bribery) he will be discharged from the armed forces.[20]
India[edit]
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.[21]
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 Border Police Force Act and the Assam Rifles Act. All such Acts draw their inspiration from the Army Act.
The military courts in India are coming under extreme stress with the establishment of Armed Forces Tribunal in 2007.[22] There is increasing voice in the country for the reform on the lines other liberal democracies are seeing in their military justice system.[23]