This past week, there were significant developments in Canadian military law that proceeded without much fanfare. And the reason for the lack of publicity may have been the manner in which Bill C-11 was yet again altered.
On Monday, 25 May 2026, Bill C-11, An Act to Amend the National Defence Act and other Acts (but which is often characterized by its short title, the "Military Justice Modernization Act") passed Third Reading in the House of Commons.
This Bill had been the subject of significant debate and examination in Committee (specifically, the House of Commons Standing Committee on National Defence). One of the key results of the Committee hearings was that complainants and victims of sexual misconduct would be given greater voice in whether allegations relating to offences of a sexual nature would be prosecuted in the civilian criminal justice system or in the military justice system. Significant amendments were made to the proposed Bill.
To be fair, the amendments were hastily, and imperfectly, drafted. In part, that is what comes from trying to improved flawed policy changes. No matter the amendments, if select premises reflect flawed reasoning, those flaws will remain. It calls to mind images of "sows' ears" and "silk purses".
The amendments reflected a broad consensus among all opposition parties (but not the party in government). The fact that there was consensus across representatives of the Conservative Party of Canada (CPC), the New Democratic Party (NDP), and the Bloc Québécois (BQ) is not an insignificant factor. These parties have widely divergent platforms. But they all agreed that the proposed legislation needed improvement. And these suggestions were borne out of significant and diverse testimony before the Parliamentary Committee.
Of note, these amendments were offered when the governing Liberal Party of Canada (LPC) was a minority government. Over the past few months, the LPC has obtained a thin majority government through three recent by-elections and several notorious incidents of CPC (and one NDP) Members of Parliament (MP), "crossing the floor" to join the LPC. [An earlier by-election was held last August in the CPC stronghold of Battle River-Crowfoot, Alberta, in which the Leader of the CPC, Pierre Poilievre, ran in the seat vacated by one of his MPs, after Poilievre had lost his seat in the General Election at the end of April 2025.]
The recent by-elections resulted in the LPC maintaining seats in the three contested constituencies, but, in total, the LPC has managed to establish a thin majority (due to the floor-crossings). Of the 343 seats in the House of Commons, the LPC now holds 174. The minimum necessary to form a majority government is 172. [After the General Election, a little over a year ago, the LPC held only 169 seats.]
After the LPC obtained a majority, they moved to reconfigure the distribution of Committees, including that of National Defence, and undid the Committee-recommended amendments to Bill C-11.
Following these changes, the BQ, the NDP, and the Green party voted with the LPC government in support of Bill C-11, in what can be described as its "original" form.
Saturday, May 30, 2026
Bill C-11 and the role of Parliamentary Committees
Friday, May 29, 2026
Australian "weaponisation inquiry" report issued
CONCLUSION 1: ADF discipline processes provide greater transparency and more robust safeguards, compared with administrative processes, contributing to higher levels of fairness and confidence in the military justice system.
RECOMMENDATION 1: Where conduct may disclose a Defence Force Discipline Act 1982 offence, the ADF consider discipline action in the first instance.
NOTE: The Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026 [hyperlink added] is consistent with the intent of this recommendation. The Bill intends, among other measures, to create a ‘summary contravention scheme’ to enable minor disciplinary matters to be addressed more efficiently without compromising fairness. Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Bill 2026, Explanatory Memorandum, para 2.
CONCLUSION 2: Involuntary termination of service is confronting for ADF members and may give rise to concerns of unfairness if it is perceived to be arbitrarily applied. Decisions to end an ADF member’s service on the basis that it is not in the interests of the Defence Force should therefore be initiated and finalised consistently and at appropriate levels to maintain fairness and confidence in the military justice system. While unit commanders must retain operational discretion as to whether particular members should serve under their command, they should not have authority to use the potential termination of ADF service as a means of leverage over personnel.
RECOMMENDATION 2: The Chief of the Defence Force withdraw commanding officers’ delegations to initiate termination of an ADF member’s service on the grounds that their service is not in the interests of the Defence Force.
CONCLUSION 3: The use of the terms ‘dismissal’ in disciplinary processes and ‘termination’ and ‘early end of service’ in administrative processes, to describe essentially the same outcome, create confusion and undermines confidence in the military justice system. This confusion is reinforced, and gives rise to a perception of ‘double jeopardy’, when an ADF member’s service is involuntarily administratively terminated or ended early after a Service tribunal declines to impose a punishment of ‘dismissal’ following a discipline trial.
RECOMMENDATION 3: Relevant legislation and policy be amended to harmonise the terms ‘dismissal’, ‘termination’ and ‘early end of service’.
Not military justice, but . . . HIV+ case to be reheard en banc
A federal appeals court has revived a major challenge to the U.S. military’s HIV enlistment ban, reopening a closely watched case that could determine whether people living with HIV can continue to be categorically barred from serving.
In an order issued May 18, the full U.S. Court of Appeals for the Fourth Circuit agreed to rehear Wilkins v. Hegseth, vacating a February ruling by a three-judge panel that upheld the Pentagon’s restrictions on recruits living with HIV. The rare move resets the case and gives advocates another opportunity to dismantle one of the military’s last remaining HIV-specific exclusions.
The court's order can be found here.
New judges sworn in in Paraguay
The extended arm gesture is not a salute; it is used for oath taking. As in this image.
Tuesday, May 26, 2026
Military courts legislation debated in Dominican Republic
Noticias SIN writes here:
Although the draft Penal Code currently being considered in the Senate stipulates that the military may only judge matters concerning military offenses in a privileged jurisdiction, the relevant articles have caused controversy.
The debates on the issue come at a time when some lawmakers reject the alleged attempt to revive military justice parallel to civilian courts, while others believe the situation is being created to sabotage the project.
Article 303 of the amendment to the Penal Code provides that offenses of a strictly military nature committed by military personnel in the line of duty will be heard by military courts.
Sunday, May 24, 2026
Nigeria: concerns continue about the court-martial of coup suspects
The Guardian (Nigeria) now reports concerns about the overall process--Alleged coup trial sparks tension as defence lawyers challenge military proceedings.
Tension and confusion have reportedly engulfed the ongoing secret court martial of military officers accused of plotting a coup against President Bola Tinubu’s administration, as defence lawyers intensify objections over what they describe as inconsistent and “recycled” charges.
Sources familiar with the proceedings say the session became heated after defence counsel openly challenged the military prosecution, accusing it of repeatedly altering and withdrawing charges in a manner they argue undermines the credibility of the case.
According to insiders, the prosecution has allegedly presented multiple versions of the charges at different stages of the hearing, raising questions among defence lawyers about the coherence and legal foundation of the allegations against the detained officers.
Does Nigeria's National Industrial Court have jurisdiction over cases brought by military personnel?
Friday, May 22, 2026
Thursday, May 21, 2026
The right to a fair trial in India's military legal system
The disciplinary process under the military law begins after a charge has been preferred by the Commanding Officer (CO) of the accused. In the case of trial by a court-martial, the officer who convenes the court is equally responsible for its correctness. The procedure for hearing of charge is contained under Army Rule 22, which was amended in 1993. Before amendment, the Army Rule 22 read as follows:
Hearing
of Charge:
(1) Every charge against a person subject to the Act other than an officer, shall be heard in the
presence of the accused. The accused shall have full liberty to cross-examine
any witness against him, and to call any witnesses and make any statement in
his defence.
(2) The
commanding officer shall dismiss a charge brought before him if, in his opinion
the evidence does not show that some offence under the Act has been committed,
and may do so if, in his discretion, he is satisfied that the charge ought not
to be proceeded with.
(3) At
the conclusion of the hearing of a charge, if the commanding officer is of
opinion that the charge ought to be proceeded with, he shall, without
unnecessary delay:
(a)
dispose of the case summarily under section 80 in accordance with the manner
and form in Appendix III; or
(b) refer
the case to the proper superior military authority; or
(c)
adjourn the case for the purpose of having the evidence reduced to writing; or
(d) if
the accused is under the rank of warrant officer, order his trial by summary
court-martial.
Provided
that the commanding officer shall not order trial by summary court-martial
without reference to the officer empowered to convene a district court-martial or
on active service a summary general court martial for the trial of the alleged
offender unless either:
a) the
offence is one which he can try by summary court-martial without reference to
that officer; or
(b) he considers that there is grave reason for immediate action and such reference cannot be made without detriment to discipline.
1993 Amendment
In
1993, few changes were made in the Army Rules 1954. The Army Rule 22 dealing
with the hearing of charge, after amendment, reads as follows:
Hearing of Charge: (1) Every charge against a person subject to the Act shall be heard by the Commanding Officer in the presence of the accused. The accused shall have full liberty to cross-examine any witness against him, and to call such witness and make such statement as may be necessary for his defence:
Provided that where the charge against the accused arises as a result of investigation by a court of inquiry, wherein the provisions of the rule 180 have been complied with in respect of that accused, the commanding officer may dispense with the procedure in sub-rule (1).
(2) The commanding officer shall dismiss a charge brought before him, if, in his opinion, the evidence does not show that an offence under the Act has been committed, and may do so if, in his discretion, he is satisfied that the charge ought not to be proceeded with.
Provided that the commanding officer
shall not dismiss a charge which he is debarred to try under sub-section (2) of
section 120 without reference to superior authority as specified therein.
(3) After compliance of sub-rule
(1), if the commanding officer is of opinion that the charge ought to be
proceeded with, he shall within a reasonable time –
(a) dispose of the case under
section 80 in accordance with the manner and form in Appendix III; or
(b) refer the case to proper
superior military authority; or
(c) adjourn the case for the purpose
of having the evidence reduced to writing; or
(d) if the accused is below the rank of warrant officer, order his trial by summary court martial:
Provided that the commanding officer
shall not order trial by summary court martial without a reference to the
officer empowered to convene a district court-martial or on active service a
summary general court-martial for the trial of the alleged offender unless:
(a) the offence is one which he can
try by a summary court-martial without any reference to that officer.
(b) he considers that there is grave
reason for immediate action and such reference cannot be made without detriment
to discipline.
(4) Where the evidence taken in accordance with sub-rule (3) of this discloses an offender other than the offence which was the subject of the investigation, the commanding officer may frame suitable charge(s) on the basis of the evidence so taken as well as the investigation of the original charge.
Wednesday, May 20, 2026
Safeguarding the role of America's military lawyers
THE JUDGE ADVOCATE GENERAL (JAG) Corps is critical to maintaining good order and discipline across the U.S. military, providing legal assistance to servicemembers and their families, and ensuring lawful combat operations. Yet this institution is facing unprecedented challenges, including the no-cause firing of the Army and Air Force’s top JAG officers and the Pentagon’s announcement that it would reassign judge advocates to serve as temporary immigration law judges and backfill vacancies in U.S. Attorney’s offices. This paper discusses the history and purpose of the JAG Corps, recent challenges to its independence and ability to serve as a trusted advisor, and how Congress can strengthen U.S. military readiness by protecting the JAG Corps from improper influence and misuse.
Juridictions militaires
Tuesday, May 19, 2026
Fidell and Rosenblatt on the Military Justice Review Panel
Among these is defense secretary Pete Hegseth's recent announcement of an internal "special" panel reviewing military justice. The authors argue that this development
[I]s highly concerning. Rather than some new handcrafted DoD entity, it is crucial that the Military Justice Review Panel (MJRP) be restored as required under statute. Any further erosion of confidence in the country’s military justice system–for that will be the outcome of Hegseth’s internal effort–will have a profound negative impact on the U.S. military’s good order and discipline, and morale, and detract from the country’s national security.
The authors conclude:
If the Trump administration does not reinstate the MJRP, Congress should vigorously object to the creation of Hegseth’s “special review panel” and demand that the MJRP, created by a still-in-force federal statute with a mandate to report to Congress, be revived immediately. Confidence in the country’s adherence to the rule of law and in the U.S. military justice system has never been more critical.
Thursday, May 14, 2026
What's in store for DoD's military justice review?
Tuesday, May 12, 2026
Sen. Mark Kelly's case -- is there a "there" there?
[A]fter all the noise, we are left with the same conclusion: there is no there, there. No legal order actually at issue. No sedition. No Article 88 violation. No singular statement that can be traced to Senator Kelly as a standalone call for misconduct. Just a spliced, multi-voice video and a sprawling overreaction.
The Pentagon would do well to step out of this self-created fog and return its focus to matters that actually threaten the country. Because this is not one of them. This is, once again, much ado about nothing – the latest entry in a growing catalog of Pentagon follies that never should have escaped the cutting room floor.
Except for the suggestion that this is much ado about nothing, it's hard to disagree. But the implications of Secretary of Defense Pete Hegseth's vendetta again Sen. Kelly are far from nothing. The implications for free speech, whether by senators or retirees, are grave.
Where should this case be tried (this time it's Burkina Faso)?
"In this case, you are dealing with a common law offense committed by members of the military." Secondly, the defense counsel pointed out that the events occurred during the soldiers' regular duty. "They were on a security mission at the Palace Hotel in Ouagadougou," he maintained. In light of the aforementioned elements, the legal question that arises is whether the law reserves jurisdiction over this type of case to another court.
To address this, Mr. Minoungou cited the law governing the military justice code, specifically Article 34, which stipulates, among other things, that military courts have jurisdiction over offenses committed by military personnel. "This case falls under the jurisdiction of the Military Court," he concluded. He noted that in 1994, members of the gendarmerie were not subject to the jurisdiction of the Military Court, according to Article 41 of the military justice code. Following this date, particularly with the law of July 4, 2017, Article 41 was repealed.
In 2023, the defendants' counsel continued, a law was passed amending the military justice code. "But this law did not address the jurisdiction of the Military Court regarding cases involving gendarmes... One cannot choose to bring a matter of employee dismissal before the Criminal Court. Similarly, a land dispute will not go before the Military Court. In this particular case, the matter does not fall under the jurisdiction of the criminal chamber of the Regional Court," he concluded.
The offense occurred in 2020. Does that suggest a problem?
Saturday, May 9, 2026
Summary court-martial: British legacy in the Indian military legal system
It was realized during the post-Mutiny reforms that to strengthen the hands of commanding officers, similar summary powers must be given to them to discipline the Native regular forces. With this object summary powers were first introduced by Act No. VI of 1860 and continued under Articles 81 and 82 of the Act XXIX of 1861. In these two Acts, it was stated that a trial under these Articles shall be deemed a Court Martial and the words “court martial” in the Articles of War shall be deemed to include a commanding officer/detachment commander holding a trial. The term summary court-martial was formerly used under Article 72 of the Act of 1869. The Indian Articles of War (Amendment) Act XII of 1894, categorized the summary and summary general court-martial as “extra-ordinary courts-martial,” while general, district and regimental courts-martial were termed as “ordinary court-martial.”
Questions about Chilean military justice reform bills
The bill seeks to reform and update the Code of Military Justice in accordance with international standards, with the objective of adapting current regulations to fundamental guarantees and the needs of the country. This effort responds to the need to maintain a specialized system for judging matters pertaining to military justice while ensuring consistency with democratic principles and advances in human rights.
To that end, the measure primarily involves two major reforms: those that relate to the organic part of the Military Justice Code and those that modify procedure, without prejudice to introducing a new statute of rights for accused military personnel.
The reform is commendable since it seeks to update military regulations in accordance with international recommendations received by the State. Furthermore, there is a clear trend toward aligning the military legal framework with the principles and norms governing criminal procedure reform.
However, the bill raises concerns that need to be reviewed.
From a procedural perspective, a more exhaustive and comprehensive regulation of the principles governing precautionary measures is needed, as well as the grant of jurisdiction to military courts over crimes that are not part of the military legal system.
From an organizational perspective, the jurisdiction of military courts over common law crimes warrants review because it constitutes a potential intrusion into the civilian justice system. The same can be said regarding the centralization of military justice, which may raise concerns about efficiency and workload.
Finally, the explicit establishment of the protection remedy in all cases where this action has been brought in favor of individuals against illegal and arbitrary acts or actions carried out by the military authority is open to criticism. This expansion of the jurisdiction of courts-martial could generate significant concerns, as it threatens the historic jurisdiction of ordinary courts to the detriment of potential victims of violations or threats to their fundamental rights.
Friday, May 8, 2026
Amnesty International statement on Pakistan's misuse of military courts
On the first anniversary of the Supreme Court of Pakistan’s ruling that trials of civilians by military courts are constitutional, Isabelle Lassee, Amnesty International’s Deputy Regional Director for South Asia, said:
“The Supreme Court’s 2025 decision has fundamentally undermined the right to a fair trial and the right to liberty in Pakistan. Such courts flout virtually every protection guaranteed under international human rights law.
“A civilian before a military court is first subjected to a secret trial without procedural safeguards, conducted by army officials that lack independence and impartiality. If convicted, they are denied the right to appeal, despite orders by the Supreme Court that this protection be guaranteed. Those serving convictions, including 9 May protesters still serving their sentences and activists such as Idris Khattak, are being deprived of the right to have their convictions and sentences independently and impartially reviewed. They are not given access to the court’s reasoned judgements and, in many instances, they have not been provided with any written order at all, as part of a deliberate tactic to prolong their unlawful detention.
“Amnesty International calls on the Pakistani authorities to end this injustice by banning military trials of civilians and overturning all unlawful civilian convictions by these courts. Authorities must ensure that all those convicted are provided with a meaningful right to appeal to a competent, independent and impartial tribunal.”
Tuesday, May 5, 2026
Vacancies on India's Armed Forces Tribunal
The advocate appearing for the petitioner said out of the 11 benches of the Armed Forces Tribunal (AFT), only three would be functional by the end of the year if the vacancies were not filled.
The plea sought a direction to the Centre to complete the process of selection and fill the vacancies in the AFT in a time-bound manner so as to comply with Section 5 of the Armed Forces Tribunal Act, 2007.
Section 5 of the Act deals with the composition of the tribunal and its benches.
The petition has also sought a direction that the present judicial and administrative members of the tribunal shall continue to remain in office, subject to their consent for continuance, till such time the necessary appointments are made.
Monday, May 4, 2026
Bait-and-switch in Pakistan
Guess what? Nothing has been done. This article from The Express Tribune tells the depressing tale. Excerpt:
Barrister Asad Rahim Khan argued that even the limited appellate safeguard was insufficient from the outset.
"Even as far as sops went, however, this one too was withheld. After all, the decision's main consequence was not to provide an additional floor of appeal. It was to validate military tribunals of civilians outside a declared state of exception, and outside a constitutional amendment – the first time in our history," he noted.
He further stated that implementation of even these limited safeguards had been further complicated by the creation of the FCC, which he described as an aberration within a common law system that has weakened binding precedent.
Barrister Sameer Khosa said the judgment of the Constitutional Bench of the Supreme Court required the federal government to provide an appeal to the convicts, but the government has not even pretended to offer one.
Barrister Rida Hosain, who assisted one of the petitioners challenging military trials, says that the Supreme Court accepted that there was no independent right to appeal under the Army Act. Under the military law, the right to appeal lies to a court of appeal consisting of the Chief of Army Staff or one or more officers designated by him. The appellate forum is composed of serving military officers who remain subject to the same command structure. An appeal, within the military structure, is an appeal to a hierarchy that has an institutional interest in defending its own processes.
"Despite a time-bound directive, the Government has failed to take steps to initiate legislation. Those convicted by military courts are left without access to an independent appellate forum. The consequences of inaction are stark. Civilians have been deprived of their liberty by military courts without any independent appeal. The failure to legislate destroys the constitutional promise of due process and protection against wrongful deprivation of liberty. It places citizens at the mercy of a system that is structurally incapable of independent appeal. The government’s inaction reflects its sheer disregard for judicial orders", she adds.
Sunday, May 3, 2026
Jurisdictional boundaries issue at Indonesia's Constitutional Court
Dr. Nanik Prasetyoningsih, SH, MH, an expert in Constitutional Law at Universitas Muhammadiyah Yogyakarta (UMY) , also shared his views. According to Nanik, the main problem does not lie in the existence of military justice. However, problems arise because the jurisdictional boundaries between this special forum and ordinary courts are not yet clearly defined.
"The main problem lies in the blurring of the boundaries between jurisdictions based on the status of the perpetrator and the type of crime," Nanik said in an online interview on Saturday (May 2).
He explained that legal practice in that country has traditionally focused on the perpetrator's status. If the perpetrator is a TNI soldier, the case is automatically referred to that group. However, in a modern state governed by the rule of law, a more appropriate criterion is the type of violation and its relation to the function of self-defense.
The urgency of separating common crimes
According to Nanik, the court's authority should be limited to offenses directly related to military duties. He emphasized that soldiers who violate common law should be tried in district courts.
"If the crime involves murder, drug trafficking, corruption, or domestic violence, then, constitutionally, it would be more appropriate to examine it through the general legal system," Nanik emphasized.
Furthermore, Nanik highlighted a phrase in the law that grants broad authority to prosecute criminal offenses without clear limits. This creates legal uncertainty, as the boundaries of this authority are very imprecise.
Friday, May 1, 2026
Where should this case be tried? (this time it's Indonesia)
The New York Times reports here on a nasty case from Indonesia: an acid attack on a human rights activist. The case has been moved to military court. Excerpt:
Mr. Prabowo promised a thorough investigation.
“This is a barbaric act, we must pursue it,” the president said in remarks released a week after the attack. “We must investigate. Who ordered them, who paid.”
Days later, the general who headed the military’s main intelligence arm, the Strategic Intelligence Agency, quietly resigned. He is not known to be facing any charges.
But on March 31, the police announced that the case had been transferred to the military, which meant that military prosecutors would have the ability to limit the scope of the investigation and determine what information is made public.