Monday, December 31, 2018

Army Court of Criminal Appeals to hear oral argument at Yale

The United States Army Court of Criminal Appeals will convene at Yale Law School, 127 Wall St., New Haven, CT, on Tuesday, January 26, 2019, at 6:00 p.m.

Sunday, December 30, 2018

No sex, please; we're Americans

Here's Stars and Stripes's account of an on-again/off-again policy about sexual conduct (to include cuddling) by U.S. personnel in Germany. Here in the glass-enclosed newsroom high above Global Military Justice Reform Plaza there was some suspicion that the story was fake news. In this case, however, it seems to have been real.

Happy holidays, everyone.

Happy New Year


Among other things, January 1, 2019 will see major changes in the United States military justice system, with many provisions of the Military Justice Act of 2016 coming into effect, along with pervasive corresponding changes in the Manual for Courts-Martial, United States (2019 ed.).

When will the next changes appear, and what should they address? Transfer of charging power and member selection away from commanders? Widening the jurisdiction of the Supreme Court so the Court of Appeals for the Armed Forces can no longer bar the door by denying review? End court-martial jurisdiction over retirees? Overturn Solorio? Lengthen military judges' terms of office (and fix them, rather than prescribing a minimum)?

Will the incoming House of Representatives be more disposed to hold hearings on military justice bills?

What changes would you recommend for the Military Justice Act of 2021? (Remember to use your name -- no pseudonyms or anonymous comments.)

Groundhog Day in Pakistan

Punxsutawney Phil
Yet again (this makes three), Pakistan is "considering" amending its Constitution to permit military courts to continue to try civilians. The government is preparing the requiring measure, according to this report, although it is not clear what political horse-trading will have to take place to secure the necessary votes. Meanwhile, the Chief of Army Staff has approved another 22 death sentences. Is the steady of approvals of death sentences against civilians intended to underscore the need to have this jurisdiction (which plainly violates human rights norms) or is it to empty death row on the chance that the current arrangement is not once again "temporarily" extended -- all while no action of any consequence has been taken to fix whatever needs to be fixed in the regular courts? How many "hardcore terrorists" does this country have?

Pay up!

Under the category of "not military justice, but . . . ," watch for litigation in Ireland over a host of military pay issues, according to this report in the Irish Examiner. PDForra, the association of soldiers, has retained senior counsel to bring new lawsuits and obtain the benefit of previous adjudications.