Commonwealth Draft Document on Military Justice Principles

At a recent workshop in South Africa, an initial draft of the Commonwealth Military Justice Principles was prepared by judges, legal experts, academics, and military professionals.

The draft document resulted from a series of robust online discussions, culminating in two days of meetings at the Stellenbosch Institute for Advanced Study (STIAS) in the margins of the International Military Justice Forum.

At their meeting in November 2022, Commonwealth Law Ministers charted the agenda for a Commonwealth Military Justice Transformation Project. Now, this work is being carried forward by the Office of Civil and Criminal Justice Reform at the Commonwealth Secretariat.

The objective of the transformation project is to ensure alignment with international norms and standards in military justice systems across the Commonwealth. The drafting of the Commonwealth Military Justice Principles is at the heart of those aims.

The draft principles include harmonisation with international humanitarian and human rights law, guaranteeing the proper administration of justice through an independent and impartial judiciary that is free from interference and pressure from the other branches of government. The project also aims to guarantee due process of law and equal access to justice.