The Commonwealth Military Justice Principles (2026) modify the controversial Stellenbosch draft principle (2023) on military summary proceedings

Stellenbosch Principles Workshop participants (2023) 

The 56 countries of the British Commonwealth, through the Commonwealth Secretariat, recently finalized their military justice principles and model law for smaller armed forces. The ten principles built upon an earlier draft developed in Stellenbosch, South Africa in 2023. 

Of note is Principle 10, which governs summary proceedings (military justice for minor offenses that does not involve formal court proceedings). 

Commonwealth Military Justice Principle 10 (2026) states: 

10. Summary Proceedings

a. Where summary proceedings that involve penal sanctions of consequences are heard by commanders against military personnel, ensure that sufficient protections exist, including the right to elect trial in a military court which provides access to the internationally recognised rights set out in Principle 7 above, or an unfettered appellate procedure to such a court. 

b. Ensure that summary proceedings are only used to adjudicate less serious cases and to impose sanctions which are proportionate to the gravity of the offence and the degree of responsibility of the offender, and which do not involve sentences of imprisonment or any other deprivation of liberty for a significant period of time, violation of human rights, or dismissal from service.

Stellenbosch Principle 10 (2023) stated: 

10. Summary Proceedings 

a. Where summary proceedings are initiated by commanders against military personnel, ensure that sufficient protections exist, including the right to elect trial in a military court which provides access to the internationally recognised rights set out in Principle 7 above, or an unfettered appellate procedure to such a court. 

b. Ensure that summary proceedings are only used to adjudicate minor offences and to impose minor sanctions which are proportionate to the gravity of the offence and the degree of responsibility of the offender, and which do not involve sentences of imprisonment or any other significant deprivation of liberty, violation of human rights, or dismissal from service. 

Stellenbosch Principle 10(a) was controversial for mandating an accused's choice to "turn down" disciplinary proceedings and elect a military trial without limitation. Commonwealth Principle 10 limits the turn-down right to only when the summary proceedings include penal sanctions.