Tuesday, March 2, 2021

Civilian court review of a military reprimand

The Chief of Staff of the Israel Defence Force relieved a commander and reprimanded him and other officers for dereliction of duty following the suicide of a soldier. A district court judge has set the actions aside. Now the IDF is appealing. Excerpt from the Jerusalem Post's account:

While Judge [Orna] Levi viewed Maj. G as the IDF’s scapegoat to satisfy public indignation, [Lt Gen Aviv] Kochavi and the IDF General Staff viewed her ruling as a dangerous attack on military discipline, by informing mid-level officers that they can seek redress in civilian courts against military courts’ or disciplinary hearings’ determination of guilt.

Comparative law point: in the United States, personnel actions, including nonjudicial punishment, are reviewable by the civilian boards for correction of military and naval records, and thereafter in the federal district courts under the Administrative Procedure Act and, if there is a money claim, in the U.S. Court of Federal Claims.

No comments:

Post a Comment

Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).