The Court of Appeal of Kenya has ruled that it was improper to jail and discharge a 10-year member of the Defence Forces who refused for religious reasons to work on Saturdays. A summary of the decision can be found here; the judgment is not yet on the court's website.
The controversy began over 13 years ago.
Professor Benjamin Porat has written this disturbing op-ed for the Jerusalem Post about the ramifications of what is now becoming known as The MAG Affair. Excerpt:
Alongside the firm condemnation of the actions of the military advocate-general and her associates, it is also necessary to warn against those seeking to take advantage of this affair for improper purposes. For example, some are now pushing forcefully for the military advocate-general’s alleged misconduct to lead to the acquittal of suspects accused of abuse at the Sde Teiman detention facility.
To them, it must be said plainly: the rot revealed in the military advocate-general’s office does not automatically clear the suspects of abuse, nor does it justify the grave act committed by those who crossed the red line by storming an IDF base in protest of the arrests.
Guilt in this case is not a zero-sum game: the potential guilt of the military advocate-general does not equate to the innocence of the suspects in the abuse case. Both matters must be thoroughly investigated, and all those found guilty must be held fully accountable.
Equally troubling are the supporters of the judicial overhaul, who make no secret of their intent to exploit the military advocate-general affair to advance their attempted overhaul against the judiciary. [Yifat] Tomer-Yerushalmi has done a valuable service for Justice Minister Yariv Levin; and Simcha Rothman, chairman of the Knesset Constitution, Law, and Justice Committee, in their efforts to weaken and take control of the judiciary.
It will be a while before this explosive situation resolves itself. The consequences for several of Israel's politics, defense establishment, judiciary, and other institutions of government could be grave.
In any event, it is certain to be the subject of scholarly analysis in the months to come. Ironically, this judgment, which reinforced a broad application of military law over civilians, was handed down the same day that the Standing Committee on National Defence was examining Bill C-11, which (among other facets) will limit the jurisdiction of the Code of Service Discipline over 'criminal offences of a sexual nature' that are alleged to have occurred in Canada.
Curiously, a Royal Navy officer appears to be doing just that in his trial at Bulford Military Court--according to a news report in The Telegraph (UK). His counsel also suggests that his passengers' allegations are made up, or words to that effect. See also an article in the Daily Mail (UK).
The case of “30203611 Lt T J GALLAGHER, HMS RALEIGH” appears to have begun on 27 October 2025 and may continue up to 14 November.
Unlike a U.S. court-martial, a driving disqualification order can be issued to align the outcome of the case with that of a civilian court considering the same offence.
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Szymon Kulmaszewskit, A Comparative Analysis of the Military Justice Systems of Poland and the United States v. America.
Most authors agree that “military justice” does not have a clearly defined normative definition. Nevertheless, the term is anchored in the area of institutionalized activities of a military organization (armed forces) and for this reason it functions in the language of both legal science and military science. The text presents a synthetic outline of the history of military justice in Poland and in the U.S. Underlying the assumptions of the military justice system, such as the need to exercise jurisdiction over military persons, and the need to handle military cases within the framework of separated, common features can be discerned. Due to the fact that problems of the creation and application of military law broadens the scope of normative terminology to include the concept of military justice system, and with it the concept of a military case, this study engages in a broad interpretation of those concepts, and the result yields some surprises. For one, the enforcement of military law runs in a manner separated from the general order in many legal systems. There is no single international standard for military justice: it heavily reflects domestic attitudes about the role of armed forces in society. Even for areas of seeming commonality such as the influence of international human rights law, nations differ in how they apply international standards to the military. Thus, conventional wisdom would hold that military justice systems will vary greatly by country as matters of national prerogative. And yet the common organic features of the military justice system of Poland and the U.S. bear stunning similarities. This, we argue, reveals a common law for military justice, and lays the groundwork for further comparative law studies with a focus on military justice.
Trinidad & Tobago Newsday has this informative report on a case that was heard yesterday in the Court of Appeal, concerning the denied promotion of a member of the Defence Force to warrant officer rank. The court has ordered supplemental briefing on one issue. We'll keep an eye out for the decision.
On a petition filed by the soldier in the AFT, the said tribunal granted him relief holding that all injuries that were attributable to military service in operational areas were to be treated as qualifying for War Injury Pension, and that the same was also provided in the instructions issued by the Government of India.
The judgment of the AFT was however challenged by the Government in the High Court. The High Court, upholding the judgment of the AFT, has held that all such accidental injuries in operational areas were covered for grant of War Injury Pension, and that the same had also been held by the Supreme Court of India. The High Court has observed that even disabilities due to natural illnesses in such areas were covered for war injury benefits.
A news-report on the judgment in The
Times of India can be accessed here.
Our military leaders are trained to evaluate the legality of orders they are given. As part of their professional education, the American values of respect for and compliance with the law are reinforced throughout military officers’ careers. They all understand that they have a duty to challenge any order they believe may be illegal — and disobey any order they know to be illegal.The order to preemptively execute alleged drug traffickers at sea has never been considered a legal act before. . . .
Egad! An AI-generated summary of a state legislative hearing! There's a first time for everything, even up here in the glass-enclosed newsroom high above . . . well, you know the rest.
Israeli news accounts indicate that the recently-resigned MAG went missing for some hours, but was later found safe at a beach. A note was found in her abandoned car. Details here. The five reservists who are defendants in the Sde Teiman court-martial, meanwhile, have claimed that the release of a damaging video prevented a fair trial. Background on how the controversy was kept under wraps for a time canbe foound here. From Ynet's account:
The [junior MAG] officer, recently promoted to a senior enforcement role, revealed her involvement during a follow-up interview after initial polygraph results were inconclusive. She told a Shin Bet interrogator that she had been part of the team that leaked the video footage, and that she and others had misled the High Court of Justice about the leak’s origins.
A Times of Israel blog post observes:
Why it matters
The Sde Teiman affair has become a litmus test for trust in Israel’s legal and military institutions.
For some, it exemplifies “left-wing sabotage” against the IDF.
For others, it exposes how efforts to protect individual reputations can drive state systems toward self-destruction.
The facts remain:
- Violence occurred — its legality is still under judicial review.
- No rape took place.
- The publication was misleading.
- The leak inflicted severe damage on Israel’s reputation.
- The prosecutor’s resignation laid bare systemic flaws in both military and civil justice.
Maj.-Gen. Yifat Tomer-Yerushalmi, Israel's Military Advocate General, has resigned under fire after taking responsibility for authorizing the release of a video showing maltreatment of Palestinian detainees. This Jerusalem Post article provides useful background. It is an understatement to say that this is a big deal with serious political and defense implications, especially at a time when the issue of conscription of Haredi men is once again front and center in Israeli politics.
The IDF commented that the MAG's "replacement will be 'one capable of meeting the significant challenges currently facing the MAG Corps, foremost among them the protection of IDF soldiers,'” An ongoing prosecution based on allegations of abuse at the Sde Teiman detention facility has been a lightning rod, sparking demonstrations in support of the five accused soldiers. Members of the Knesset as well as family members of the soldiers have also objected to the prosecutions.
Watch this space.
