Déjà vu all over again

Thomas W. Spoehr, a retired U.S. Army Lieutenant General and Director of the Center for National Defense, of the Kathryn and Shelby Cullom Davis Institute for National Security and Foreign Policy, at The Heritage Foundation, has written an issue brief titled "Congress Should Avoid Changes That Would Erode the Military Justice System." He writes:

The Military Justice Improvement and Increasing Prevention Act, if passed, would strip the authority to decide whether to prosecute sexual assaults and other serious crimes such as murder and manslaughter from commanders and give it to military prosecutors. Depriving commanders of the ability to send serious criminal cases to a court-martial undermines their ability and responsibility to enforce good order and discipline, which in turn erodes their ability to fight and win wars. There is no evidence to suggest that this change would address the very real issue of sexual assault or other crime in the military. Instead, it would likely make matters worse.

Taking a leaf out of Yogi Berra's playbook, the essay is a rerun of one the same author penned over two years ago in The National Interest. His claims have not improved with time. Readers may wish to refresh their recollection by taking another look at the Editor's comments from 2019.

Military justice at a turning point: the changing role of command

ThinkTech Hawaii CEO (and quondam military judge) Jay M. Fidell  conducts an interview with the Editor on current issues in American military justice.

Another county heard from

This evening, Global Military Justice Reform has had a hit from our 189th jurisdiction: São Tomé & Principe. Welcome aboard. We are about five months from hitting the million-hit mark.

Italian Air Force hazing case

Eight sergeants in the Italian Air Force are facing trial on hazing charges. The trial has been delayed due to COVID-19 concerns. Three astronauts are on the witness list. Details here. Excerpt (Google translation):

Among the parties called into question also the Ministry of Defense, cited as civilian responsible for failure to supervise the behavior of non-commissioned officers and their behavior that had to be part of the traditional baptism of flight but which instead would have "offended the prestige, honor and dignity of the pupil, using violence and causing multiple bruises." According to [former officer candidate Julia] Schiff's lawyers who filed a civil action, that rite was carried out in a consolidated manner and the superiors did nothing to prevent this from happening.

Defense Minister defends military judicial independence in Tunisia

A military court in Tunisia has issued a warrant for the arrest of a member of parliament. Asked about the matter during a committee hearing, Defense Minister Brahim Bartagi said the military court is independent, according to this account. Excerpt:

"Being a department which is part of the executive power, the Ministry of National Defense cannot interfere in the legislative and the current affairs", indicated the minister. And to add, “military justice is governed by legal texts contained in the Constitution”. “Although military, this does not rule out its character of an independent justice,” he explained.