The Chief of Defence Forces in Uganda, Muhoozi Kainerugaba, who happens to be a son of the country's President, has joined in criticism of the Supreme Court's decision that courts-martial cannot try civilians. Details here.
Global Military Justice Reform
Saturday, February 8, 2025
Wednesday, February 5, 2025
Does Ukraine need military justice?
Is military justice needed: what does justice for the military look like?PRESS CENTER UCMC ANNOUNCE DATE: 05.02.2025 TIME: 14:00SPEAKERS:● Serhiy Rakhmanin, Member of Parliament, Member of the Verkhovna Rada Committee on National Security, Defense and Intelligence;● Viktor Chumak, Chief Military Prosecutor of Ukraine (2019-2020), Major General of Justice (retired);● Pavlo Bohutskyi, Military Prosecutor of the Western Region of Ukraine (2011), Southern Region of Ukraine (2014-2015), Major General of Justice (retired); Doctor of Law, Head of the Scientific Laboratory of Military and International Humanitarian Law of the State Scientific Institution "Institute of Information, Security and Law of the National Academy of Legal Sciences of Ukraine", Honored Lawyer of Ukraine (online);● Valentyn Badrak, Director of the Center for Army, Conversion and Disarmament Studies; co-founder of the Defense Information Consortium;● Sergiy Zgurets, Director of Defense Express; co-founder of the Defense Information Consortium (online);● Mykhailo Samus, Director of the New Geopolitics Research Network; co-founder of the Defense Information Consortium;● Oleksiy Yizhak, National Institute for Strategic Studies; co-founder of the Defense Information Consortium (online);● Vasyl Pekhnyo, moderator, journalist.VENUE: Press center of Ukraine Crisis Media CenterORGANIZER: Defense Information Consortium On February 5, 2025, at 14:00, a roundtable discussion will be held: Is military justice needed: what does justice for the military look like?Questions for discussion: Prospects for the development of military justice in Ukraine Do we need military police, military courts, specialized Military Prosecutor’s office, and military lawyers? Problems of ensuring the rights of servicemen How should combat officers and generals be held accountable? Responsibility of the military for going AWOL and desertion The role of the military ombudsman (Presidential Commissioner for the Protection of the Rights of Servicemen and Family Members of Servicemen) in the legal support of defenseAttention! In case of an air raid alert, visitors of the event can use the shelter located in the basement of the Ukrainian HouseОригінал статті - на сайті Українського кризового медіа-центру: https://uacrisis.org/en/announce/chy-potribna-vijskova-yustytsiya
Maybe not a standoff in Kampala?
The Attorney General of Uganda has advised Parliament that the government is taking steps to comply with the Supreme Court's decision in the Kabaziguruka case. According to this report, these steps include:
- Immediate Halt of Civilian Trials: All criminal trials involving civilians currently pending before the General Court Martial are to cease immediately.
- Identification of Pending Cases: The GCM, in collaboration with the Uganda Prisons Authority, has been instructed to compile a comprehensive list of all civilian criminal cases. These cases will be forwarded to the appropriate civilian courts for trial.
- Transfer of Military Cases: The GCM is also required to identify cases involving Uganda People’s Defence Forces (UPDF) members that fall under civilian jurisdiction for transfer to relevant courts.
- Role of the Directorate of Public Prosecutions: The Directorate of Public Prosecutions (DPP) has been advised to work closely with the GCM and UPDF to oversee the transition of cases from the military courts to the civilian judicial system.
- Guidance to Uganda Prisons Authority: The Uganda Prisons Authority has been directed to await court orders regarding the detention status of individuals previously held under military court warrants.
- Amendments to the UPDF Act: The Ministry of Defence and Veteran Affairs has been tasked with reviewing the Supreme Court’s recommendations and initiating amendments to the UPDF Act to reflect the new legal framework.
Another day's hearing in Pakistan
The Express Tribune has this detailed account of yet another day's hearing in the Military Courts Case pending before the Supreme Court of Pakistan. The hearing has been adjourned to February 9. Quaere: will anyone mention the recent Ugandan decision in the recent Kabaziguruka case? Excerpt:
Salman Akram Raja countered by pointing out that in countries like India, military trial procedures offer a fairer system, including the provision for appeals in a civilian tribunal.
He argued that military trials in Pakistan, where appeals are heard by the Army Chief, lack transparency and fairness, leaving civilians at a distinct disadvantage.
Justice Mandokhel noted that the trial of civilians by military courts raises profound questions about the relationship between the civilian and military legal systems in Pakistan.
He questioned whether such trials would be justified in cases where the accused is not involved in any military-related offence.
Don Rehkopf, R.I.P.
Donald G. Rehkopf, Jr., a long-time and much respected military justice practitioner, passed away in Rochester, NY, on January 29, at age 74. He was a contributor to Global Military Justice Reform. Here is his obituary:
Predeceased by his parents, Donald and Elizabeth; sister, Donna (Douglas) Bopp. Survived by his brother, David (Lou Anne) Rehkopf; sister, Diane Rehkopf; life partner, Barbara Davies and her children, Kristin Spath and Scott Davies; several nieces and nephews.
Don was an Air Force JAG with 30 years of active and Reserve service, and world-wide experience in all aspects of military and federal security clearance law. In 1985 Don moved from Germany back to Rochester where he practiced in the Violent Felony Bureau of the Monroe County Public Defenders Office before returning to private practice. He tried nearly 250 cases to verdict, argued countless appeals and authored numerous amici curiae briefs in front of the U.S. Supreme Court. Don won numerous awards for his work and was the recipient of the 2005 Thurgood Marshall Award. He was a frequent Legal continuing education lecturer and author, including as a Social Justice Lecturer at the William Jewitt Tucker Center, Dartmouth College. Don's family and friends celebrate his incredible career and his influential life, while knowing he was so much more than that. He will be dearly missed by his colleagues and loved ones.
A Graveside Ceremony with Military Honors at Bath National Cemetery and a Celebration of Life will be announced at a later date. Please check the website for updated service times. In lieu of flowers, please consider making a donation in Don's memory to Planned Parenthood or the American Cancer Society.
Don was a defense attorney to the very core.