COVID-19 and military justice (Office of the High Commissioner for Human Rights)

The Office of the High Commissioner for Human Rights has issued a guidance document on Emergency Measures and COVID-19. Of particular interest from the military perspective are the following bullet points under the heading "Law Enforcement and Extraordinary Measures":

• As a general rule, the military should not conduct policing functions. Exceptional situations, however, may require that the military be deployed in a law enforcement context for limited periods and specifically defined circumstances.

•  Whenever members of military forces conduct law enforcement functions, they should be subordinate to civilian authority and accountable under civilian law, and are subject to standards applied to law enforcement officials under international human rights law. 

• Any allegations of human rights violations, including abuse of power, arbitrary detention, and sexual and gender-based violence by law enforcement and military personnel, must be effectively and promptly investigated and perpetrators brought to justice. This is particularly important in light of the extensive powers given to law enforcement and military personnel in many areas during the COVID-19 pandemic.