Saturday, September 10, 2016

Jurisdiction over retirees

The U.S. Air Force is considering military justice action against a four-star general who retired in 2010. Details here. The Uniform Code of Military Justice applies to retired regulars (among others), and the armed services occasionally exercise that power. But human rights jurisprudence strongly disfavors the exercise of military jurisdiction over anyone other than active duty personnel.

Does it make a difference, for human rights purposes, if the offense was committed before or after retirement?

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