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Monday, December 14, 2020

Top 10 for 2020

The competition was tough, but here they are, the Top 10 Global Military Justice Reform developments in 2020:
1. CAAFlog, raised from the dead. Mazal tov to Prof. Brenner Fissell & Co.
2. COVID-19, raised a host of systemic and case-specific issues in many national military justice systems
3. Private R v. Brigadier Cowen, major ruling of the High Court of Australia
4. Pardons-R-Us, a blot on American military justice. Do they make Pres. Donald J. Trump a war criminal on a command responsibility theory?
5. Landmark decision in India that will increase the independence of the Armed Forces Tribunal
6. Justice Morris J. Fish's independent review of the Canadian military justice system, just starting
7. Congressional revision of Art. 66, UCMJ's factual sufficiency provision (assuming it is passed over a threatened veto of the NDAA)
8. United States v. Briggs, SCOTUS overturns CAAF decisions in rape statute of limitations cases
9. Full house: A new judge at CAAF
10. Larrabee v. Braithwaite: District judge invalidates the UCMJ provision for court-martial jurisdiction over Marine and Navy retirees [full disclosure: the Editor was one of Mr. Larrabee's attorneys]
Next year will see further major developments. Watch out in particular for fallout of Australia's war crimes investigation.

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