Thoughts for judge advocates in challenging times

Just Security has this morning posted this essay from the Former JAGs Working Group. From the abstract:

The role of military lawyers — judge advocates — has been a subject of often-intense discussion and debate over the past 18 months.  Judge advocates typically advise commanders on the legal limits the international community and the United States have placed on the nature and conduct of military operations.  Today, as boat strikes in the Caribbean continue to raise serious legal, ethical, and moral concerns; the United States’ invasion of Venezuela and war with Iran cast doubt on the legitimacy and wisdom of our decisions to employ military force; and the rhetoric of our civilian leaders call into question the lawfulness of their military orders, the need for judge advocates and the challenges they face are greater than ever.  As former and retired judge advocates, we watch hopefully as the men and women who still serve as legal advisors meet those needs and challenges.  In a sincere effort to help, we respectfully and humbly offer the following thoughts in the hope that they will prove useful to the current generation of senior leaders, the judge advocates who advise them, and the American people who are also watching anxiously from the sidelines.

Operation Resolute Justice

Army’s plan for military death row executions is named ‘Operation Resolute Justice.’

If an execution order is signed by the president, military death row inmates would be transported to Federal Correctional Institution, Terre Haute in Indiana.

The oldest [current] military death row case involves former Army Spc. Ronald Gray, which dates back decades. In 1988, Gray was con­vict­ed by a gen­er­al court-mar­tial of 14 charges, includ­ing pre­med­i­tat­ed mur­der, attempt­ed mur­der, and of raping three women, two of whom were soldiers. In 2008, President George W. Bush signed off on his execution order, but it was later challenged in federal court and in 2016 a judge lifted the hold on his execution order. In 2017, an Army court rejected his final appeal.
. . .
From 1916 to 1961, the military executed 135 people. While a court-martial can result in a death sentence, the last military execution took place in 1961 when Army Pvt. John A. Bennett, a 19-year-old soldier, was hanged at Fort Leavenworth, Kansas, for the rape and attempted murder of an 11-year-old Austrian girl. In addition to the lack of executions carried out in recent decades, the majority of death sentences in the military have also been overturned.

A JAG in trouble

A Finnish judge advocate is facing civilian trial for disseminating a photo of an area where photography is forbidden. According to this YLE report:

A military lawyer working for the Finnish Defence Forces (FDF) has been charged with revealing a national secret as well as a breach of duty offence.

The lawyer is suspected of using a messaging app to share a photo taken in an area where photography was prohibited.

The crime is suspected to have taken place in the autumn of 2024, while the charges were filed at Helsinki District Court last month. The court has not yet set a hearing date.

Revealing a national secret is considered treason in Finland, and the maximum penalty for the crime is four years imprisonment.

Not funny

A Cuban comedian -- yes, he's a civilian -- is to be tried by a military court for taking video of an abandoned Soviet military base. The charge is espionage. Details here.

What's the right sentence for perpetrating an acid attack on a human rights activist?

In an Indonesian military court, no more than three years. The New York Times has the story here.

Also, should human rights violations -- this certainly seems to be one -- ever be tried in a military court?

Final grade: F