Sunday, July 3, 2016

Court-martial of a former service member

According to this account, a former sergeant in the New Zealand Defence Force is being tried by court-martial for offenses committed while he was still on active duty. This is permitted by secs. 18 and 20(4) of the Armed Forces Discipline Act 1971. A number of other British-influenced jurisdictions assert this kind of "tail" jurisdiction, even though it runs counter to human rights jurisprudence that limits court-martial jurisdiction to serving personnel.

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