Tuesday, December 23, 2014

Proposal to allow military courts to try civilians remains in dispute in Pakistan

“To try civilians in military courts is a failure of the civilian judicial system and a wrong message will also go to our judiciary.”

Anonymous source describing
inconclusive deliberations of Pakistani
 National Action Plan Committee
reported here by The Express Tribune

The Daily Times reports that even without legislation, the government is taking steps towards the creation of three military courts to handle terrorism cases in the Federally Administered Tribal Areas (FATA): "It is worth mentioning that there is no need of legislation for the establishment of courts in FATA and the president can just issue order for this purpose."

The Year in Global Military Justice Reform

As the calendar year ends (and Global Military Justice Reform approaches its first anniversary), it's time to take stock of 2014:

It's a mixed bag. On the one hand, a number of countries have embraced reactionary measures such as subjecting civilians to trial by court-martial or have failed to take decisive action to reform their systems, continuing to dither for a host of reasons. Other countries have passed reform legislation but failed to put it into effect in a timely manner. Some countries have enacted measures to deal with specific types of military criminality but failed to grasp the nettle of structural reform. Some have been slow to impose military death sentences, while others seem to hand them out like party favors. One thing that stands out in a few countries is the stately pace of the administration of military justice, despite the common belief that it is a virtue of military justice that it is swifter than civilian justice. If there is one overall good-news story, it is that voices of reform are out there and working to make themselves heard. Conferences have been held or are on the drawing board around the world, and the news media more seem as alert than ever to developments in the field. International organizations such as the UN Office of the High Commissioner for Human Rights as well as regional human rights bodies and national and international NGOs are also on the case. So overall, 2014 counts as a good year.

May I have the envelope please?

Worst Development of the Year: Expansion of Egyptian military court jurisdiction over civilians. Over a thousand civilians have been referred for military trial, including some whose alleged offenses occurred before the decree. For this, Egypt receives the George III Prize for Most Retrograde Development.

Best Development of the Year: Military Justice Improvement Act gaining 55 votes in the U.S. Senate. While 55 is not 60, Sen. Kirsten Gillibrand (D.-NY) still receives the S.T. Ansell Award for Best Reform [Effort]. There's always next year.
Brig. Gen. S.T. Ansell

Most Opaque Military Justice System: China. Hands down (although North Korea was a contender until the system crashed).

Best Post(s): Prof. Steve Vladeck's monumental series on Military Courts and Article III. Thanks again, Steve.

Prof. Steve Vladeck
Best Comment: We've been blessed with a number of insightful comments, many of them from such regulars as Justice Létourneau, Cols. Drapeau and Sullivan, Cdr. Cave, Maj. Singh, Brig. Paphiti, Christina Cerna, and Sinologist-in-Chief Susan Finder, to name a few. It's impossible to choose, so everyone who commented is hereby deemed to have been mentioned in dispatches. We've also received a few anonymous comments that were worthwhile, but these are not posted as a matter of editorial policy. If you were one of those shy commenters, "come out, come out, wherever you are."

Most-Blogged-About Country: The United States. Your editor hasn't run all the numbers (we've had over 1000 posts), but there have been many about developments in Canada, the UK, Egypt, Nigeria, India, Pakistan, and Malaysia. On the whole, and considering the language limitations, the "Global" in Global Military Justice Reform is a reality.

Most Appealing Accused (also Best Illustration): Major Zaidi Ahmad, Royal Malaysian Air Force (accused in The Indelible Indelible Ink Case).

Major Zaidi Ahmad, RMAF
Do we need to add another year-end category? Please tell us (with your nominee), using the Comments feature (and your real name).

"Nigerian military to court-martial 118 more soldiers"

So says Premium Times in this article.

Who was it that said "The hangings [beatings/floggings] will continue until morale improves"?

Court-martial "gale" reaches upper ranks in Nigeria

Premium Times reports that a brigadier general and 14 other senior Nigerian Army officers are going to be tried by court-martial, following a spate of courts involving enlisted personnel:
"It is not clear what the officers are being charged for as they are yet to be formally arraigned but our sources say it might be related to negligence in the army's campaign against the terrorist group Boko Haram in the North East of the country.
"The court-martial of these top officers marks a shift from recent trials in the military that have primarily involved non-commissioned officers."

To be or not to be: military trials for civilians in Pakistan

A battle seems to be shaping up over whether to introduce military trials for civilians in Pakistan in the wake of the Peshawar school massacre. The Nation reports that the parliamentary All-Parties Conference's Action Plan Committee has voted in favor of doing so. Earlier accounts indicated that the Army had decided such trials were a bad idea. Stay tuned.