Mexican Supreme Court closely divided on scope of military jurisdiction

After a lively discussion, the Mexican Supreme Court has divided 3-2 in an important jurisdictional case. At issue was whether there was court-martial jurisdiction where a soldier permitted the export of a shipment of marijuana. The majority held that there was because the offense related to military duty and did not involve civilian victims.

Justices Jose Ramon Cossio Diaz and Olga Sánchez Cordero dissented. According to Justice Cossio, "peacetime military courts should be limited to offenses against military discipline provided the active and passive subjects are soldiers."

"On the contrary, if a crime is committed within the spaces defined by the second part of Article 129, but a civilian is involved, then it is the responsibility of ordinary justice," he added. 

Justice Olga Sanchez recalled that pursuant to the decision in the Radilla case, if criminal acts committed by a person who has active military status do not affect the legal interests of the military sphere, the person should always be tried by ordinary courts. In the present case, the complainant was convicted of a crime against health by permitting the shipment of marijuana outside the country. [Rough Google translation]