Nepal and UN Peacekeeping

Suhas Chakma, director of the Asian Centre for Human Rights, has written this article on the failure of Nepal to take action to ensure that personnel are properly vetted before they are appointed to key security positions. Highlights:

At least two Nepali officials have been expelled from the UN missions: Army Officer Major Niranjan Basnet from Chad in December 2009 and Police Officer Basanta Bahadur Kunwar from Liberia in November 2011. Colonel Kumar Lama of the NA, who was serving with the UN mission in South Sudan, is now facing trial after being arrested in the UK in January 2013 for torture in Nepal. Besides these cases, very senior generals within the NA have been turned down for leadership positions of large peacekeeping missions on the basis of well-founded concerns over their domestic human rights records.

Should military pensions be exempt from civil damage judgments?

Ex-Col. Russell Williams

The Ontario Court of Appeal has been asked to decide whether the Canadian Forces Superannuation Act provision that protects military pensions from attachment, seizure and execution in civil damage actions violates the Canadian Charter of Rights and Freedoms. The issue arises in a tort suit against Russell Williams, a former Canadian Forces colonel who was convicted in civilian court of a long string of serious offenses, including murder. Details appear in this article from Maclean's.

Marine Corps Commandant cleared of wrongdoing

Gen. James F. Amos, USMC

The Defense Department Inspector General has reportedly cleared outgoing Marine Corps Commandant General James F. Amos of wrongdoing in the notorious sniper urination case. The investigative report has not been released. Marine Corps Times reports:

Investigators focused their inquiry on accusations Amos exerted unlawful command influence, the Pentagon official said. His accuser, Maj. James Weirick, alleged that in February 2012 Amos removed a well-respected subordinate, Lt. Gen. Thomas Waldhauser, from his role overseeing disposition of the legal cases tied to the video, which shows four Marine scout snipers urinating on Taliban corpses.

The inspector general’s finding contradicts Waldhauser’s sworn testimony that Amos wanted those connected to the video “crushed” and discharged from the service. In fact, it suggests the cases were handled properly and that Amos’ interaction with Waldhauser did not affect their outcome.

Killing the Commander-in-Chief considered an act of war; the suspects were tried by military commission

Those charged with the assassination of President Lincoln were tried by a military tribunal. The courtroom is located in Fort McNair and open to visitors on August 2, 2014 as per the following announcement:

WASHINGTON -- Joint Base Myer-Henderson Hall announces its quarterly Public Open House of Grant Hall's historic third-floor courtroom, located on the Fort McNair side of the Joint Base in southwest Washington D.C., from 10:00 a.m. to 4:00 p.m. Saturday, Aug. 2, 2014. The courtroom is the site of the military tribunal, held from May through June 1865, of those thought responsible for the plot to assassinate President Abraham Lincoln.

During a recent renovation of Grant Hall, which was originally part of Washington's Federal Penitentiary from 1826 to 1881, the third floor of the building was restored to depict the courtroom as it appeared during the 1865 trial. Courtroom features were recreated based on artistic renderings and written descriptions of court proceedings. Some furnishings and artifacts on display are on loan from the production company of a 2010 historical film about the trial, and other artifacts and documentation are from the National Defense University Library.

Members of the public are invited to the Public Open House, which is free to attend. Please be advised, however, that the third floor courtroom is only accessible by walking up two flights of stairs. Due to the historical nature of the structure, the building has no elevator.

Summary trial for NZ officer accused of backdating search authorization

It is uncommon for criminal charges to be leveled where military procedural rights have been compromised. Such a case has arisen in New Zealand where, according to this article, a commanding officer is facing summary trial on charges he backdated a search authorization in connection with theft charges against another soldier. What must have seemed a simple matter at first has turned into a military justice pile-up:

An army officer has pleaded not guilty to four charges related to documents signed after seizure of a rifle, bag with 46 syringes, 10 empty vials and various military equipment on May 1, 2013.

A trooper who was searched has previously been the subject of a court martial and appeal.

Now a commanding officer is facing a summary trial centred on documents he signed.

A summary trial can be upgraded to a court martial.

The officer pleaded not guilty to two charges of making a false document and two charges of negligently performing a duty.

The accused has name suppression and no decision on whether this will be lifted will be made on Friday.