Thursday, November 11, 2021

Mali's military courts

Studio Tamani has a summary, in French, of the work of the country's military courts. Their main concern is military and civilian offenses by military personnel, but--notwithstanding the views of the African Commission on Human and Peoples' Rights*--they can also try civilians who are co-actors or accomplices of military accuseds.

* The Commission determined in 2003:

G. RIGHT OF CIVILIANS NOT TO BE TRIED BY MILITARY COURTS:

a) The only purpose of Military Courts shall be to determine offences of a purely military nature committed by military personnel.

b) While exercising this function, Military Courts are required to respect fair trial standards enunciated in the African Charter and in these guidelines.

c) Military courts should not in any circumstances whatsoever have jurisdiction over civilians. Similarly, Special Tribunals should not try offences which fall within the jurisdiction of regular courts.

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