Project Outreach

The U.S. Air Force Court of Criminal Appeals recently made a Project Outreach visit to Syracuse University's College of Law. Here's a worthwhile report. Excerpt:

Those who participate in Project Outreach write amicus briefs and present live oral arguments, duties that help them make the leap from classroom to courtroom.

Second-year law students Ava Dussmann and Hannah Rice were part of the amicus curiae for the U.S. Government (i.e., the appellee). On track to become Air Force judge advocates, or JAGs, they found the experience eye opening. Real people. Real cases. No room for error.

“I was grateful for the opportunity to step into this world that has been a dream of mine for such a long time and work with an amazing team of students, professors and practitioners in the field,” Dussmann says. “Through this opportunity, we got to research and learn about the contours of the Uniform Code of Military Justice.”

Rice adds that sitting before three Air Force colonels, arguing a real case with classmates who might someday be her colleagues, is when “theory turned into practice.”

High and tight cut in Austrian ruling

Times change, they say. Consider this account of a recent decision of the Constitutional Court of Austria: hair requirements cannot discriminate between women and men in the armed frorces. Excerpt:

Austria’s Constitutional Court struck down the military’s strict short-hair requirement for male soldiers in Vienna on Thursday. The policy must be scrapped and replaced with a grooming code that complies with constitutional standards for both men and women. The judges concluded the contested provisions conflicted with equality protections and interfered with personal rights. 

The decision ends a longstanding mandate that male professional soldiers and conscripts keep their hair short enough not to touch the collar. The case reached the court after a soldier challenged the policy following an order that he pay a €2,200 fine for wearing his hair in a ponytail, according to BTA. The court determined that the stricter standards for men could not be justified and had to be removed as inconsistent with the principle of equal treatment.

Wikipedia has this article on "high and tight." Want to know more about military hairstyles? Check this out.

Are you asking for a friend?

Here's a useful primer on conscientious objection in the U.S. Armed Forces. Excerpt:

In a volunteer force, that requirement can be difficult to meet in practice. Service members who willingly entered military service must show that their objection is not tied to a specific conflict or circumstance, but reflects a broader opposition to all war. That distinction can be challenging to establish, particularly when the claimed change in belief arises after an entirely voluntary enlistment or in proximity to deployment.

The requirement that objections apply to “war in any form” reflects a policy judgment. Allowing selective objection would undermine the military’s ability to deploy forces consistently and could create inequities among service members.

Timing is another important limitation. While individuals can apply for conscientious objector status after entering service, late claims may be scrutinized more closely, especially if they arise around a deployment or disciplinary action. That does not automatically disqualify the claim, but it may affect how sincerity is evaluated.

Where should this case be tried? (another in a series)

South Korean military personnel are accused of having participated in a failed attempt to impose martial law. Should the case be tried in civilian court or a court-martial? The special prosecutor is appealing a transfer of the case to the military justice system. What to do? Excerpt:

According to the special counsel and other sources on Tuesday, the dedicated insurrection trial division — the 38-1st Criminal Division of the Seoul Central District Court (Presiding Judge Jang Seong-jin) — transferred the cases of three military generals and five colonels to the Central Regional Military Court. The defendants include former Army 1st Corps 2nd Armored Brigade Commander Brig. Gen. Ku Sam-hoe and former Ministry of National Defense Innovation Planning Director Brig. Gen. Bang Jeong-hwan, all facing charges including engaging in critical insurrection duties.

The court explained its reasoning for the transfer, stating, "The dedicated insurrection trial division law only stipulates exclusive jurisdiction over insurrection cases and does not contain explicit provisions regarding judicial authority." The court added, "Judicial authority over these cases lies with the military court."

The special counsel team said Tuesday, "We have requested the Ministry of National Defense to refer the cases to the insurrection special counsel under Articles 7(1) and 7(2) of the Insurrection Special Counsel Act, so that the dedicated insurrection trial division of the Seoul Central District Court can hear them for swift and efficient prosecution."

Memo to Spanish Army sergeants: do not abuse your subordinates

Thus spake the Military Chamber of the Spanish Supreme court in this case. Excerpt from the news account:

The first comment for which he was convicted occurred at the end of a shooting exercise, when the sergeant told the soldier, "Get in the truck, your comrades are going to give you a bukkake ." The second incident took place after the soldier had shaved the back of her neck and her superior asked her "if she had become a lesbian and if she was now using dildos."