Speaking of trying civilians in military courts . . .

. . .  Consider this report about secret military trials and executions in eastern Libya. Excerpt:

Amnesty said military courts in eastern Libya had repeatedly violated defendants' rights to a fair trial, including access to lawyers, sufficient time to prepare a defence, the right to remain silent and the right to a public hearing before an independent and impartial court.

The organisation added that military prosecutors and judges in the east are not independent because they are affiliated with the LAAF or allied armed groups.

In 2017, Libya’s eastern-based House of Representatives passed a law giving military courts jurisdiction over civilians accused of terrorism and crimes committed in “military areas”. The law was later declared unconstitutional by Libya’s Constitutional Chamber. 

Executions have resumed as UN-led efforts to unify Libya’s rival institutions and prepare the country for national elections continue.

Amnesty said the eastern authorities should halt all executions and conduct independent and impartial investigations into allegations of torture and other ill-treatment.

The executions come as the country remains split between rival administrations, with the internationally recognised Government of National Unity controlling the west and an administration allied with Haftar’s forces controlling the east and much of the south.

The country's courts have been engaging in a prolonged tug of war, as this report indicates. 

Afghanistan Supreme Court denies civilians are being tried in military courts

The court responded to charges in a recent UNAMA report. Details here. Excerpt:

Last week, UNAMA, in a 28-page report, expressed concern over what it described as continuing gaps in transparency and accountability within the security institutions.

In the report, UNAMA also raised concerns about the jurisdiction of military courts to try civilians, stressing that under international human rights standards, civilians should ordinarily be tried before independent civilian courts.

Khalil Ahmad Nadem, a legal expert, said: “This should also be observed in Afghanistan because if civilians are tried in military courts, justice may not be ensured.”

Fazl Rahman Orya, a political analyst, said: “Military courts are established to try military personnel. That is what distinguishes them from ordinary courts. For this reason, I do not think civilians have been tried in such courts.”

The UNAMA report can be found here. 

Tragic plane crash in DRC

Two senior military justice officials, incuding the auditor general, were among the victims of a plane crash in the DRC. Details here.

Business as usual in Uganda

Despite a clear contrary ruling by the country's Supreme Court, Uganda continues to prosecute civilians by court-martial. Here is the Peoples' Defence Forces press release on the latest such cases.

New military court proposed for Fiji

The Fiji Times reports here about a Constitution Review Commission proposal that would create a military court that would be equivalent to the High Court and make other important changes in Fiji's military justice system.

Significantly, cases before the proposed Military Court would be heard by sitting High Court judges assigned on an ad hoc basis, rather than judges operating within the military command structure.

The Commission said this was intended to maintain the court’s independence from the military and ensure that constitutional protections under the Bill of Rights also apply to military personnel facing prosecution.

It has also recommended that Military Court hearings be open to the public under the same standards applying to civilian courts.