Over at CAAFlog suspense is mounting as 2019's top 10 U.S. military justice stories are unveiled. But what would make the list globally (including stories from the United States)? Here are a dozen, but feel free to add your own (real names only for comments, please):
- The Supreme Court of Canada decided the Stillman case, upholding the exercise of court-martial jurisdiction over civilian offenses, despite the loss of jury-trial rights.
- Development of the 2019 Yale Draft Principles for Military Summary Proceedings. The Yale Draft will be the subject of a panel discussion at the May 2020 conference of the International Society for Military Law and the Law of War in Aix-en-Provence. Nonjudicial proceedings affect far more service members than courts-martial but have not been the subject of comparable scrutiny. Pascal Lévesque's book will contribute to the debate.
- The use of the President's pardon power in several high-profile military cases became the subject of controversy.
- New (third) editions of two law school casebooks came on the market: Dean Lisa Schenck's Modern Military Justice and Eugene R. Fidell, Elizabeth L. Hillman, Joshua E. Kastenberg, Franklin D. Rosenblatt, Dwight H. Sullivan, and Rachel E. VanLandingham, Military Justice Cases and Materials.
- The Department of the Navy conducted a review of Navy and Marine Corps legal services. The report has not yet been released.
- The Gallagher case. Heavily covered, with important late-in-the-year reporting by Dave Philipps of The New York Times. Was the video that is now publicly available shown to the panel? Or the interview of the SEAL petty officer who testified that he, rather than Chief Gallagher, killed the victim?
- A few countries continued to try civilians in courts-martial. Think: Algeria, Lebanon, Uganda, Egypt, Jordan, Cameroon. Suriname convicted its president, Desi Bouterse, in a military trial for long-ago murders.
- Something that did not happen: Pakistan allowed the legislation under which its military courts could try civilians to lapse.
- Following proceedings in the International Court of Justice concerning a violation of the Vienna Convention on Consular Relations, Pakistan will afford Indian national Kulbhushan Jadhav a right to civilian review of his military trial.
- The military commissions at Guantánamo continued to inch to trial. There are, however, signs of life. Carol Rosenberg continues as dean of the Guantánamo Bay press corps.
- The CBS television show "The Code" cratered.
- Several states, including Massachusetts and Illinois, updated their state codes of military justice. These laws apply to personnel of the National Guard and Air National Guard when not in federal status.
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