Thursday, February 21, 2019

At the Hague

India has argued in the International Court of Justice's Jadhav consular-access case that Pakistan should be ordered either to release Kulbhushan Jadhav or try him in a civilian court. A summary of India's closing argument appears here.

Why is this case in military court?

A former Swiss Army sergeant is to be tried by a military court for having joined an anti-ISIS militia in Syria, according to this report. Excerpt:
[Johan] Cosar who is now 37 is facing allegations that he undermined the defensive capabilities of the country by engaging in a foreign army, which is prohibited under Article 94 of the Swiss Military Penal Code
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Cosar faces up to three years in prison under the military penal code. In similar cases, the military court has typically imposed financial penalties.
Human rights jurisprudence strongly disfavors the trial of civilians by military courts.

Wednesday, February 20, 2019

Carol Rosenberg joins The Times

Carol Rosenberg
Carol Rosenberg, dean of the Guantanamo press corps, has joined The New York Times. Here's the Times's announcement.


Big news on military related litigation from India (not exactly military justice, but . . .)

A report in The Hindustan Times is appended herewith, it is self explanatory. Also reported in The Times of India and The Tribune

Don't take your iPhone

Today's New York Times has this story about proposed legislation that would subject Russian military personnel to disciplinary action for using social media and personal tech in ways that compromise operational security. Excerpt:
Draft legislation proposes banning servicemen and reserve troops from posting anything online that would allow outsiders to glean their whereabouts or role in the military.

The bill, which was approved by lawmakers in its second of three readings in parliament on Tuesday, says the ban would cover photographs, video, geolocation data or other information.

It would also prohibit soldiers sharing information about other servicemen or the relatives of servicemen, while those who break the ban would be subject to disciplinary measures.
Good luck with that.