From this article by Meghann Myers in Navy Times
Saturday, April 29, 2023
Wednesday, April 26, 2023
More than 6,500 Russians have been penalized for “discrediting” the Russian Army since the law was passed by the Russian Parliament eight days after the full-scale invasion of Ukraine began in February 2022, the lawyers said. People found to have broken the law are fined for a first offense, but conviction of another offense within a year can result in up to five years in prison.
A few other countries, such as Tunisia, Lebanon and Venezuela, criminalize insulting the armed forces and/or the flag.
Tuesday, April 25, 2023
Monday, April 24, 2023
Sunday, April 23, 2023
Chief Justice of the Court Martial Appeal Court of Canada (CMACC), B. Richard Bell, announced his retirement by posting his retirement letter on the website for the CMACC. The letter, addressed to Prime Minister Justin Trudeau, the Minister of Justice (and Attorney General), David Lametti, and the Minister of National Defence, Anita Anand, indicates that Chief Justice Bell will retire from his position as Chief Justice of the CMACC, as well as his position as a puisne Justice of the Federal Court and ex-officio judge of the Federal Court of Appeal), on 30 October 2023.Chief Justice Bell indicates that, at the time of his anticipated retirement, he will have served as Chief Justice of the CMACC for nearly 9 years. What his letter does not state is that he was first appointed to the bench nearly 17 years ago, on 27 June 2006, when he was appointed to the (then) Court of Queen's Bench, Trial Division, for the Province of New Brunswick. He was elevated to the New Brunswick Court of Appeal the following year, on 22 June 2007, and was subsequently appointed to the Federal Court on 6 February 2015, simultaneously appointed as a judge of the CMACC and designated its Chief Justice.
Friday, April 21, 2023
Outnumbered, outgunned, lacking
sufficient marines to break the siege of Port Mahon, the capital of Minorca,
Byng sailed forth. On the 20th May 1756 Byng fought an indecisive engagement
off the coast of Minorca during which the fleet suffered significant damage.
Although Byng remained in situ he still lacked ground forces to break the
siege. After four days a council of war voted unanimously to withdraw to
Gibraltar. Shortly thereafter a furious Admiralty, no doubt conscious of their
culpability for Britain's readiness for war, recalled Byng to England, arrested
and charged with a breach of Article 12 of the Articles of War.
What followed aboard HMS St
George was one of the most sensational courts-martial in history. Under enormous
political and public pressure, the court-martial determined that Byng had not
shown cowardice but had 'failed to do his utmost' and sentenced him to
death, the only sentence available. The King, George II, declined to exercise
the royal prerogative of mercy and Byng fell 'a martyr to political
persecution' according to his tomb. Voltaire uttered the immortal line 'pour encourager
les autres' and a fierce debate began, which rages to this day as the to the
legal, ethical and military legitimacy of the conviction and sentence. More ink
has been spilt to defend or damn Byng in the intervening centuries than blood
Alexander Kent, a student
reading for an MA at Dalhousie University in Nova Scotia, had recently added to
the debate from a very different angle with a dissertation considering 'How
Honour influenced the Court Martial and Execution of Admiral John Byng'. Kent's
thesis is that each party in the trial and the ultimate authority, the King
were guided in the decisions they made by their own considerations of Honour.
Ultimately, he suggests, the Court Martial was an effort to repair and protect
the honour of those involved.
Kent's work is an interesting
reconsideration of what remains an important topic even after all this time.
Whatever the legalities of the proceedings and the motives of the participants
the story of Adm Byng continues to influence, perhaps unknowingly the Royal
Navy and the military justice systems which grew from the Articles of War.
Perhaps fatally for Byng he failed to pursue the withdrawing French fleet after
the Battle of Minorca, albeit for sound reasons. However, almost ever since the
Royal Navy has had a much more aggressive approach embodied by Nelson who was
born the year after Byng's death. I recall from my own undergraduate work the
fates of HMS
Glowworm and HMS
Jervis Bey, who went into action in conditions far more disadvantageous
than Byng faced. Additionally, the Royal Navy's attitude to military justice
system is often (in this author's experience) sterner than other services. One
judge advocate with a naval background, who shall remain nameless, commenting
that what we need is "quick, dirty justice".
Kent has a lot to cover in this dissertation in order to bring to the reader the complexities of the naval situation, the political scene and notions of honour starkly different to those of our own age and he manages a fine overview. It would have been good to have more detail in relation to some of the facets of his thesis, particularly Byng's decision not to contest parts of the prosecution case on grounds of honour, a notion entirely foreign to this defence advocate. Honour is of course a very difficult term to define but on occasion there appeared a number of unsupported assertions. Although that probably displays the reader's ignorance rather than anything else. It is an interesting addition to the ongoing debate around the Byng case and a useful reminder to those who practice in the courts-martial which come after Byng to continue to re-examine the shared roots of our systems in order to guard against assumption and tradition for tradition's sake...fiat justitia ruat caelum.
Thursday, April 20, 2023
Carolina Academic Press is excited to offer the fourth edition of Military Justice: Cases and Materials. As with the prior editions, the book offers a rich and up-to-the-minute collection of sources on an important subject. The internationally-known expert authors stress the basics of the American military justice system, including the application of constitutional rights, the surprising and controversial scope of subject matter and personal jurisdiction of courts-martial, the role of commanders in the administration of military justice, military juries, and the recent dramatic changes Congress has adopted to increase public confidence in the military justice system, especially in light of continuing broad concern about sexual offenses in the armed forces.
Timely topics such as the military death penalty, the persistent problem of unlawful command influence, professional responsibility, and judicial independence are explored, as are the Guantánamo military commissions and their historic antecedents. An important chapter focuses on summary proceedings, which account for the lion's share of American military justice but have historically received little attention. Another focuses on the avenues available for appellate and collateral review of courts-martial, including raising the important question of whether a specialized appellate court for military cases is warranted.
Adding to the rich domestic materials, the fourth edition includes comparative materials from foreign jurisdictions that, like the United States, seek to balance the need for disciplined armed forces and the demands of justice. The authors have included the full text of the "Yale Draft" update of the draft UN Principles Governing the Administration of Justice Through Military Tribunals, so students can have a sense of how the American military justice system fares in light of contemporary human rights standards.
A Teaching Manual will also be available.
Tuesday, April 18, 2023
* "Allow me, as an old Equity draftsman, to make a suggestion. The subtleties of the legal mind are equal to the emergency. The thing is really quite simple--the insertion of a single word will do it. Let it stand that every fairy shall die who doesn't marry a mortal, and there you are, out of your difficulty at once!"
Thursday, April 13, 2023
One of these days, the country's civilian courts will decide once and for all whether their statute subjecting civilians to military trial is constitutional. The issue has been pending for a long time.
Tuesday, April 11, 2023
Monday, April 10, 2023
- How many of the offenses would have been found non-service-connected (and hence outside court-martial jurisdiction) before Solorio v. United States?
- What prevented local authorities from pursuing criminal charges notwithstanding the accused's administrative separation?
Thursday, April 6, 2023
|Gov. Eric Holcomb