Model Law on Military Justice (Caribbean)

The Commonwealth Secretariat is soliciting applications to prepare model military justice legislation for Caribbean countries. The announcement can be found here. Applications are due by April 6, 2023.

The model law, or model provisions, will serve as a template for countries with similar-sized armed forces that are seeking to reform their military justice systems. The purpose of the consultancy is to research and draft the proposed model law.

The output of the procurement will be a set of model legislative provisions on military law for summary and court martial systems in the Caribbean, with explanatory notes and commentary as appropriate, taking account of the Decaux Principles, the Yale Draft Principles, and the recommendations of the Commonwealth military justice advisory group.

The model legislative provisions produced will include:

1) A short introduction and background to the model provisions, including the history and evolution of military justice systems and jurisprudence in the Caribbean region.

2) An assessment, based on published legislation and regulations, of the compliance of each Commonwealth Caribbean country’s military justice system with human rights standards.

3) Model provisions covering all areas necessary to comprehensively cover a modern approach to military justice, drawing from:

a) International Humanitarian Law

b) Decaux Principles and Yale Draft Principles

c) International Human Rights Standards

d) International Covenant on Civil and Political Rights

e) Gap Analysis

f) Recommendations from advisory group

4) Explanatory notes, commentary and alternative/optional provisions to accompany the model provisions, including context and references to international standards and other legal regimes as appropriate.

Tasks to be undertaken:

The provider of services will:

1) Draft the model legislative provisions to the specifications listed above, and in response to the Secretariat’s feedback and comments; and

2) Be available to attend meetings hosted by the Secretariat to promote or consult on the draft model provisions and sample legislation, as needed.

Expected outputs and provisional timeline (negotiable)

· Paper outlining purpose and objectives of the model provisions, and outlining any policy questions to be resolved by reference to the advisory group (within six weeks of contract start date).

· First draft of model legislative provisions (within four weeks of receiving response from Commonwealth Secretariat and advisory group to paper).

· Revised draft of model legislative provisions (within four weeks of receiving response from Commonwealth Secretariat and advisory group to first draft).

· Further revised drafts, as necessary (within two weeks of receiving response from Commonwealth Secretariat and advisory group to revised draft(s)).

The provisional timeline may be amended by agreement between the service provider and the Commonwealth Secretariat.

Qualifications and expertise sought

a. Law degree with expertise in military law and a strong academic record in military reform research;

b. Experience undertaking legal research or analysis in multiple Commonwealth jurisdictions;

c. Proven ability to work well under pressure and meet strict deadlines;

d. Fluency in English required;

e. Excellent organizational and evaluative skills;

f. Legislative drafting experience is desirable;

g. Experience gained from work for international organisations is highly desirable; and

h. Experience working in the Caribbean region would be an added asset.

Administrative arrangements

The assigned tasks are to be performed remotely. The consultant will receive payment of £20,000 inclusive of VAT, on receipt and approval by the Commonwealth Secretariat and advisory group of the final product.

Applicants should send a cover letter and CV, as well as the completed application form.