Global Military Justice Reform
Monday, March 18, 2024
De-CAAF, anyone?
Friday, March 15, 2024
Short-term punishment units in the World War II Wehrmacht
An era of change
"It is true that the '[Courts of Criminal Appeals (CCAs)] are presumed to know the law and [to] follow it.' United States v. Chin, 75 M.J. 220, 223 (C.A.A.F. 2016). However, this can be a hazardous legal path to tread when, as here, the CCAs are applying a new statutory provision. We have entered an era where there are many changes afoot in the military justice system. Mischief will result if this Court fails not only to provide crisp, clear guidance to the CCAs about the practical effects of those changes, but also if it fails to ensure that the CCAs are scrupulously adhering to the legal and analytical obligations that those changes have placed upon them."
Ohlson, C.J., concurring in part & dissenting in part, United States v. Flores (C.A.A.F. Mar. 14, 2024), at 14. Judge M. Tia Johnson joined in the opinion. [H/T to CDR Phil Cave across the pier.]
Wednesday, March 13, 2024
S. Korea shifts to civilian prosecutions
Activists and victims had accused South Korea's powerful military of standing in the way of previous efforts to reduce the power commanders have over the process, but reform efforts gathered steam https://www.reuters.com/article/us-southkorea-abuse-military-idCAKCN2E60T6 after a series of deaths and prominent crimes.
Under the revised Military Court Act, all sex crimes, as well as violent crimes such as homicides, will be tried from the start at civilian courts, rather than courts martial.
Military courts will be consolidated, while military police and prosecutors will be placed under the defence minister and the chiefs of each service branch in an effort to reduce the influence of commanders.
Tuesday, March 12, 2024
Do we mean what Art. 88, UCMJ says?
Excerpt from Ryan Burke and Jahara Matisek, Trump(ing) Tradition: Old Laws, New Norms and the Danger to Civil-Military Relations, Armed Forces & Society (2024) (H/T to Cdr. Phil Cave)